Judge who sent racist email about the president to fully retire May 3

Former Montana Chief U.S. District Judge Richard Cebull will fully retire on May 3, according to a statement published on the 9th U.S. Circuit Court of Appeals’ website on Tuesday.

Cebull, who stepped down from full active service on March 18 to take senior status, was under investigation by a special committee of the 9th Circuit after he sent a racist email from his court chambers about President Barack Obama. The email contained a “joke” that implied that Obama’s mother had sex with a dog.

After the Great Falls Tribune uncovered the email Cebull admitted to sending it and later publicly apologized. Cebull subsequently asked 9th Circuit Chief Judge Alex Kozinski to initiate an investigation into whether his transmittal of the email constituted misconduct under the Judicial Conduct and Disability Act.

Kim Abbott, of the Montana Human Rights Network, welcomed the news that Cebull would be fully stepping down next month. The network last year filed an official judicial misconduct complaint against Cebull and circulated a petition calling on the judge to resign.

“We filed the complaint because we believed the email Cebull sent called into question his ability to perform his duties impartially and he did violate judicial conduct rules,” Abbott said Wednesday. “We're happy that Montanans will be able to appear before a different judge, because Montanans deserve fairness. Women and people of color would have valid concerns  appearing before judge Cebull.”

According to the statement published on the 9th Circuit’s website, the special committee conducted “a thorough and extensive investigation, interviewed numerous witnesses, considered voluminous documentation, including emails, and conducted an interview with Judge Cebull.”

The special committee submitted its report to the 9th Circuit Judicial Council in December 2012 and on March 15, 2013 the council issued an order and memorandum. According to the 9th Circuit the findings of the investigation and the court’s order reamin confidential during the appeal period, and the council will have no further statement until Cebull's retirement is effective.

Cebull’s retirement comes as the U.S. Senate is considering nominations to fill the Montana federal bench seats vacated by Cebull and District Judge Sam Haddon,  of Great Falls, who went on senior status on Dec. 31, 2012. Chief District Judge Dana Christensen, of Missoula, is the only active federal judge in Montana.

Last month Montana Sen. Max Baucus sent a letter to President Barack Obama nominating state Supreme Court Justice Brian Morris and Yellowstone County District Court Judge Susan Watters to fill the two vacancies.

University of Richmond Law Professor Carl Tobias, a former University of Montana Law Professor and an expert on the federal courts, said the Senate needs to move quickly on to avoid a federal caseload bottleneck in Montana.

“This just steps up the urgency of moving the candidates forward and having them nominated and seating them on the bench,” Tobias said. “You're now nailed down to one active judge, who's also a chief judge, and he's in Missoula trying to run the court as well as his own caseload.”

Tobias called the situation in Montana urgent and said its critical that Baucus push for a speedy confirmation process in the U.S. Senate. Tobias said Obama’s federal judicial nominations are taking an average of seven months to be confirmed. Tobais said Baucus should approach ranking Senate judiciary committee Republican Sen. Chuck Grassley, of Iowa, and push for an expedited confirmation process.

“I can't see them getting confirmed before the summer, and that's optimistic,” Tobias said.

Judicial panel appointed to investigate Judge Cebull

U.S. 9th Circuit Court of Appeals chief judge Alex Kozinski has appointed a special judicial committee to investigate misconduct allegations against Montana chief U.S. District Judge Richard Cebull.

Cebull in February sent an email from his federal courthouse chambers that contained a racist and misogynistic joke about President Barack Obama's mother.

The subject line of the email, which Cebull sent from his official courthouse email account on Feb. 20 at 3:42 p.m., reads: "A MOM'S MEMORY."

The forwarded text of the joke contained in the email read:

"A little boy said to his mother; 'Mommy, how come I'm black and you're white?' His mother replied, 'Don't even go there Barack! From what I can remember about that party, you're lucky you don't bark!'"

News of the email set of a national firestorm and calls by human rights groups, civil rights leaders and government watchdog groups for Cebull to resign. It also lead to at least three judicial misconduct complaints filed against the judge.

Travis McAdam is director of the Montana Human Rights Network, a Helena-based nonprofit organization that filed an official judicial misconduct complaint against Cebull and circulated a petition calling on Cebull to resign.

McAdam said he was pleased that Kozinski took the step of appointing an investigative committee.

"We're glad to see that the 9th Circuit is taking up this issue, and taking it up in a pretty timely fashion," McAdam said. "We're very glad to see that movement is happening and that the complaint is going to be considered."

In an interview with the Tribune Cebull denied being racist and said he only sent the joke to his friends because he is "not a fan" of the president. The next day he wrote a letter to Obama apologizing to him and his family for the email.

Cebull initiated the judicial complaint process against himself in a in a March1 letter to Kozinski, the day after the news of the email broke.

On March 23 Kozinski appointed a five-judge panel to investigate the complaint.

Judicial misconduct complaints are usually confidential and thus Kozinski's order does not name Cebull. However, Cebull waived his right to privacy when he initiated the complaint and 9th Circuit assistant circuit executive David Madden on Thursday confirmed that Kozinski's order dealt with the Cebull case.

By rule, Kozinski appointed himself, two circuit court judges and two district court judges to the panel. Judge M. Margaret McKeown will the preside over the case.

According to circuit court rules, the judicial committee has the power to subpoena information and it may hold hearings to take testimony and receive other evidence, to hear argument, or both.

Under the rules Cebull has the right to obtain legal counsel for the proceedings. Cebull also has the right to present evidence, call witnesses, and to compel the production of documents.

When the committee completes its investigation it will file a report, including findings and recommendations for council action, with the judicial council.

The president of a Washington, D.C. civil rights and liberties group People For the American Way said he was encouraged that Kozinski formed a panel to investigate the complaints.

“Judge Cebull has shown through his actions that he does not have the necessary temperament to fulfill his duties as a judge," said Michael Keegan, president of People For the American Way.

BREAKING: Conyers calls for Judiciary hearing on Cebull

The ranking Democrats on the House Judiciary Committee are calling on committee Chairman Lamar Smith, R-Texas, to hold a congressional hearing into the actions of Montana U.S. District Court Judge Richard Cebull.

Cebull, the chief judge for the District of Montana, last month sent a racist and misogynistic email about President Barak Obama's mother from his courthouse chambers using his official email address.

News of the incident sparked national outrage, with human rights and government watchdog groups circulating petitions demanding Cebull's resignation.

Cebull apologized to the president and asked the 9th U.S. District Court of Appeals to review the incident, but many Democrats say Cebull, who was appointed by President George W. Bush in 2001, should voluntarily resign.

In a letter to Smith Tuesday ranking judiciary committee member John Conyers, Jr., D-Mich., and Steve Cohen, D-Tenn., asked smith to allow the committee "to consider the full ramifications of Judge Cebull's conduct on integrity of the federal judiciary" and to consider whether  further action by the committee is warranted, "including further investigation or possible legislative action."

"At minimum, forwarding this e-mail illustrates poor judgment and of conduct that was unbecoming of a federal judge," the Democrats wrote. "The Committee has an obligation to consider the ramifications of the public disclosure of Judge Cebull's conduct, particularly as long as he remains on the bench."