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.

Right-wing blogger sues newly appointed Commissioner of Political Practices

A self-described advocate for “small and transparent government” filed a lawsuit against the newly appointed Commissioner of Political Practices seeking records related to the former commissioner's activities while in that office.

Edwin Berry, an atmospheric physicist and right-wing blogger from Bigfork, is asking the court to force political practices commissioner Jim Murry to turn over records related to former commissioner Dave Gallik’s alleged misconduct.

Gallik resigned in January after the staff in the office accused him of falsifying his state time sheet and doing private practice attorney work from his state office. Gallik denied the charges and said the commissioner’s fabricated the allegations to force him out because they didn't like his management style.

Matthew Monforton, Berry's Bozeman-based attorney, said his client filed the lawsuit because he has an interest in getting to the bottom of the allegations made against Gallik.

"If commissioner Gallik was performing or working on behalf of private clients and using state time and state resources to perform that work, that than would create very serious and perhaps criminal problems," Monforton said. "If the allegations are true that Mr. Gallik falsified time records, then that could potentially be theft of public funds."

The lawsuit asks the court to force Murry to turn over documents. Murry declined a public records request Berry made on Feb. 21 seeking records because of an ongoing ethics complaint Berry filed against Gallik last fall. Berry filed the complaint because Gallik was still listed as the treasurer for the Democratic Legislators Alumni Association political action committee while serving as commissioner.

Murry wrote in a Feb. 23 letter to Berry that because Berry's complaint was pending before a hearing examiner, Murry was unable to provide the document.

Ethics official resigns amid allegations

The state's top elections and ethics enforcement official resigned late Tuesday amid allegations that he improperly used his state office and computer to conduct private law practice business on state time.

Commissioner of Political Practices Dave Gallik told the Tribune that he informed Gov. Brian Schweitzer of his decision to resign after learning that his staff in the commissioner's office called the police Tuesday.

Gallik said he did not know why the staff called police while he was out of the office.

The Tribune on Sunday reported allegations made by all four members of the commissioner's office that Gallik was fudging state time sheets and logging state pay for hours spent working on private practice matters, a charge Gallik denied.

Tuesday marked the first business day the commissioner's office was open following the Martin Luther King, Jr. holiday and the publican of allegations in Sunday's Great Falls Tribune.

Gallik said he "did not say one word" to his staff on Tuesday when he arrived at the office.

"I can't afford to have more false accusations. They're calling the cops and I didn't say a word," Gallik said in an interview shortly after telling the governor that he planned to resign.

Gallik called his staff's accusations against him "a political, Republican-based fight against me."

In a series of interviews with the Tribune the commissioner’s staff claimed Gallik regularly used state resources to conduct his private practice. They alleged that Gallik was logging hours on the state payroll when he was actually out of the office and working on private practice business. Gallik denied the allegations and said he often did commissioner's work from his private office.

The attorney representing the four members of the commissioner's staff did not immediately return a phone call seeking comment.

For more read tomorrow's Great Falls Tribune.

Lindeen orders “independent investigation” into workplace fundraising allegations

For those of you who missed it, my colleague Eric Newhouse wrote a lengthy piece in Sunday’s Tribune outlining allegations that Walter Schweitzer—the governor’s brother—may have violated campaign and/or ethics laws by improperly soliciting campaign contributions from employees in the State Auditor’s office on state time.

Laura McGee said she was fired as an administrator in the Auditor's Office after she complained to Lindeen that Walter solicited a contribution to help pay down Lindeen's substantial campaign debt and "verbally assaulted" her for sending an e-mail agency-wide.

As most of you who read this blog are probably aware, I wrote my own lengthy piece about Walt Schweitzer for the Missoula Independent a few years back detailing stories of Walter’s alleged political arm-twisting and bullying in the halls of the capitol. Though insiders say Walt left the capitol shortly after the Indy story ran, he has remained very active in Democratic politics. Earlier this year he was tapped by State Auditor Monica Lindeen to serve as her chief deputy.

According to Newhouse’s story, it seems Walt Schweitzer hasn’t shed his reputation as a bully.

“In a formal letter to State Auditor Monica Lindeen, dated July 15, (former employee Laura) McGee complained that Deputy State Auditor Walt Schweitzer "verbally assaulted me," and stated that he solicited campaign funds in the office, a practice prohibited by law.

…

"With the exception of Walt, the working environment here is spectacular, and I do hope that my truthfulness and honesty will not jeopardize my employment," McGee wrote in the letter.

...

"In February, Walt came to my office and said he was raising money for your campaign debt," McGee wrote Lindeen. "He said, you know, she did offer you this position ... I said, yes, and for that I am grateful. He then asked if I would write a check out to your campaign. So I took my checkbook out and wrote a check."

...

McGee said another fund solicitation occurred later when Schweitzer came to the office and passed out invitations to a fundraiser — dubbed the Rehberg Retirement Party — at Schweitzer's home June 25 for Dennis McDonald, a Democrat running for Rep. Denny Rehberg's seat in Congress. The "suggested donation" was $25.

"I saw him passing out invites and accepting donations outside Dave Van Nice's (office) door," McGee said in an interview last week. "I was passing by and saw and overheard it. Then when I got to my office, Walt approached Russ Wheat (an attorney for the auditor's office). I actually rode to the event with Russ."

Today Lindeen announced that she ordered “an independent review” to ensure that her staff followed state ethics policies and laws. Here's the full press release that just arrived in my mailbox:

Montana Commissioner of Securities and Insurance Monica J. Lindeen announced today that she has ordered an independent review to ensure that her staff followed state ethics policies and laws. She also stated that the federal Hatch Act is not an issue with regard to the allegations made by a former employee because it does not apply to her agency.

Last week a former employee asserted to the press that certain members of her staff may have violated the law by allegedly soliciting campaign contributions while at work. When Lindeen learned of the allegations, she ordered an internal investigation. “The agency conducted an earlier investigation, the facts of which differ from what a former employee has apparently said in the press,” said agency spokesperson, Jessica Rhoades.

It was also determined during the investigation that the Hatch Act does not apply to the agency because it receives no federal funding. Recent media reports based upon the former employee’s allegations suggesting that over 50% of the agency’s funding comes from federal funds are incorrect.

Rhoades said that in light of renewed allegations made in the press, Commissioner Lindeen has ordered an outside investigator to ensure that all internal policies and state laws were followed.

“In an abundance of caution, Commissioner Lindeen has ordered an outside independent investigator to perform a comprehensive review of the matter and ensure that all laws and policies were followed. Commissioner Lindeen also wants to take this opportunity to conduct a review of agency policies and procedures to ensure that they are in compliance with state ethics laws,” said Rhoades.

“This office works every day to protect Montana consumers. We work with state, county, and federal law enforcement officials as well as county attorneys and the U.S. Attorney’s Office,” said Lindeen. “The employees of this agency have the utmost respect for the law, and we will continue to do everything in our power to ensure that the actions and policies of this office advance and demonstrate that respect.”

Prior to 2007 the agency served as a pass-through or conduit for the Federal Forest Reserve Fund, monies from which were allocated to local counties. Those funds were redirected to the state Department of Administration by the Montana legislature in 2007 and were deposited there beginning July 1, 2007. No part of the agencies budget has consisted of federal funding, pass through or otherwise, since 2007. No part of the pass-through dollars funded any agency staff salary.

You can read more in Wednesday’s Tribune.