Canadian Judge Who Wore Trump Hat in Court..

..Will Remain on the Bench

I haven't seen this story covered in a thread and its from September of last year but thought I would share it with the OG anyways.

https://www.nytimes.com/2017/09/12/world/canada/canadian-judge-trump-hat.html

OTTAWA — A Canadian judge who wore a “Make America Great Again” cap into court the morning after Donald J. Trump’s election victory last year was suspended without pay and reprimanded by a disciplinary body on Tuesday.

Disciplinary hearings against judges in Canada are rare. The decision about the conduct of the judge, Justice Bernd Zabel of the Ontario Court of Justice, was the first issued by the Ontario Judicial Council since 2014.

The four-member council, which included a lay person and a lawyer, rejected Justice Zabel’s explanation that the campaign hat and comments he made about Mr. Trump in court were just jokes about an unexpected election result. But it also decided that removing him from the bench would be excessive, given his track record and the fact that he had apologized.

“What would a reasonable member of the public think upon seeing Justice Zabel enter the courtroom wearing Trump’s signature red ‘MAKE AMERICA GREAT AGAIN’ hat and state that he did so ‘in celebration of an historic event?’ ” the review body wrote. “In our view, and indeed as Justice Zabel himself now acknowledges, a reasonable member of the public would think that Justice Zabel was making a political statement and endorsing Donald Trump’s campaign.”

Justice Zabel had already been suspended by the court since late last year, but with pay. Under the council’s ruling, the justice will now be suspended for an additional 30 days, without pay. The next most severe sanction would have been to remove him from the bench.

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Judges in Canada are not elected. Appointments to Justice Zabel’s court are made by a nonpartisan, 13-member committee. Judges are not allowed to donate to political parties or participate in any political activities.

During its hearings, the council heard that when Justice Zabel was heading into court in Hamilton, Ontario, while wearing his cap, another judge asked him, “Are you out of your mind?”

Once on the bench, according to court transcripts, he said his cap was “in celebration of a historic night in the United States. Unprecedented.”

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Justice Zabel left his hat in his chambers during the afternoon session. But when it ended, the court papers said, he said to a prosecutor that the hat’s “brief appearance” was meant to annoy the rest of the judges because he thought they were Clinton supporters. “I was the only Trump supporter up there, but that’s O.K.,” he said.

The council said many Canadians found Mr. Trump’s views “on women, racialized minorities, and other vulnerable groups to be highly offensive” and believed that his policies were “contrary to Canada’s interests and contrary to basic Canadian values.”

It added, “For a judge to appear to endorse Trump’s views would be perceived by the public to be an expression of opinion on issues of profound importance to Canadians.”

The council received 81 complaints about Justice Zabel, including one signed by 27 faculty members of the law school at the University of Windsor in Ontario, which the justice had attended.

Kim Stanton, the legal director of the Women’s Legal Education and Action Fund, one of the complainants, said, “a reprimand and suspension is an appropriate acknowledgment that Justice Zabel’s action had an adverse impact upon public confidence in the judiciary. “

Justice Zabel’s lawyer, Giulia B. Gambacorta, said her client was “anxious to get back to work.”

The response to the decision..

 

Fuck its getting pretty sad how everyhing is offensive these days.

I have an aunt who’s a judge in BC. Through my dealings with her, I’ve concluded that judges are fucking weird. 

Judges should not be showing off any partisanship on the job, and definitely shouldn't be wearing a ballcap in a courthouse. The latter part bothers me more. Have some dignity.

Get A Grip Dude - 

Sounds like they made the right call. 


What is your opinion on Marcuse's essay, Repressive Tolerance, where he advocated for "discriminating tolerance in an inverse direction, as a means of shifting the balance between Right and Left by restraining the liberty of the Right"?

This is exactly the kind of action he was prescribing.

anthonyMI - 

Judges should not be showing off any partisanship on the job, and definitely shouldn't be wearing a ballcap in a courthouse. The latter part bothers me more. Have some dignity.


He said it was a joke and a jab at many of his colleagues who supported Hillary. During the subsequent inquiry, he received 62 character references from colleagues in support and the inquiry panel eventually found no evidence of any bias in his rulings. Instead they found him to be an "open-minded and impartial" judge.

"He does not exhibit any of the polarized, misogynistic, racist or homophobic views many of the complainants attribute to Donald Trump," the OJC summary said.

http://www.bbc.com/news/world-us-canada-41231085

Stache -
anthonyMI - 

Judges should not be showing off any partisanship on the job, and definitely shouldn't be wearing a ballcap in a courthouse. The latter part bothers me more. Have some dignity.


He said it was a joke and a jab at many of his colleagues who supported Hillary. During the subsequent inquiry, he received 62 character references from colleagues in support and the inquiry panel eventually found no evidence of any bias in his rulings. Instead they found him to be an "open-minded and impartial" judge.

"He does not exhibit any of the polarized, misogynistic, racist or homophobic views many of the complainants attribute to Donald Trump," the OJC summary said.

http://www.bbc.com/news/world-us-canada-41231085

Good for him. It doesn't excuse wearing a ballcap in a courthouse.

Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

Get A Grip Dude - 
Stache -
Get A Grip Dude - 

Sounds like they made the right call. 


What is your opinion on Marcuse's essay, Repressive Tolerance, where he advocated for "discriminating tolerance in an inverse direction, as a means of shifting the balance between Right and Left by restraining the liberty of the Right"?

This is exactly the kind of action he was prescribing.

My opinion is that the question of whether a judge who is not allowed to engage in political activities should be punished for walking into court with the trademark campaign slogan of a political candidate on it, is a very simple one that doesn't require a philosophical treatise. 


Being the campaign is not affiliated any way with Canada, should judges then be required not to wear any type of clothing showing a trademarked symbol (Polo, TH, Nike) that might be visible?

Also we are still awaiting 3 specific Trump racist examples. You have had over 24 hours to research and let me guess, you found nothing?

MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?

Graduate1 -
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?

On a court bench?  Yea.

anthonyMI - 
Stache -
anthonyMI - 

Judges should not be showing off any partisanship on the job, and definitely shouldn't be wearing a ballcap in a courthouse. The latter part bothers me more. Have some dignity.


He said it was a joke and a jab at many of his colleagues who supported Hillary. During the subsequent inquiry, he received 62 character references from colleagues in support and the inquiry panel eventually found no evidence of any bias in his rulings. Instead they found him to be an "open-minded and impartial" judge.

"He does not exhibit any of the polarized, misogynistic, racist or homophobic views many of the complainants attribute to Donald Trump," the OJC summary said.

http://www.bbc.com/news/world-us-canada-41231085

Good for him. It doesn't excuse wearing a ballcap in a courthouse.


Context is everything. It was probably the biggest surprise result of our lifetimes, especially given the amount of coverage the election received. People need to get a sense of humour and drop the constant fear mongering.

Graduate1 - 
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?


this some amazing mental gymnastics you're doing right now. it was a poor decision by the judge. he got smacked on the wrist.



end if the day, seenms like it was just a joke, however it still needed to be looked into

Graduate1 -
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?
If I wear that on duty? Absolutely.
If I wear it on my personal time (never would) it's my right and I'd fight anyone that tried to say other wise.

As an agent of the government (Canadian or otherwise) it's just poor form. And usually clearly laid in most job descriptions, SOPs, or whatever set of guidelines you are hired under.


That's why it's impossible to have a rational discussion with irrational people. You want your outcome, not what is fair and just and for the betterment of all. You just want what you want like a five year old wants a snack before dinner and can't see past their own desire.

MountainMedic - 
Graduate1 -
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?
If I wear that on duty? Absolutely.
If I wear it on my personal time (never would) it's my right and I'd fight anyone that tried to say other wise.

As an agent of the government (Canadian or otherwise) it's just poor form. And usually clearly laid in most job descriptions, SOPs, or whatever set of guidelines you are hired under.


That's why it's impossible to have a rational discussion with irrational people. You want your outcome, not what is fair and just and for the betterment of all. You just want what you want like a five year old wants a snack before dinner and can't see past their own desire.

Not at all. Just throwing out extremities as examples. Was it in poor judgment, yes. But you have to take it in context. It was a one time incident and he did it as a joke rather then provocation. My point was that the punishment he received was too extreme imo.

MountainMedic -
Graduate1 -
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?
If I wear that on duty? Absolutely.
If I wear it on my personal time (never would) it's my right and I'd fight anyone that tried to say other wise.

As an agent of the government (Canadian or otherwise) it's just poor form. And usually clearly laid in most job descriptions, SOPs, or whatever set of guidelines you are hired under.


That's why it's impossible to have a rational discussion with irrational people. You want your outcome, not what is fair and just and for the betterment of all. You just want what you want like a five year old wants a snack before dinner and can't see past their own desire.
You fucking liberal .

Graduate1 -
MountainMedic - 
Graduate1 -
MountainMedic - Judge showed poor judgement. The bench is not the place for personal politics. If I take wrong for the left, it's wrong for the right.

This shouldn't still be an issue though. Sanction and move on. Should have been back to work the next day.

You do realize this was in Canada and that the US political system is in no way related to Canada right? Should people who wear Che Guevara shirts in the US be punished for wearing these type of shirts?
If I wear that on duty? Absolutely.
If I wear it on my personal time (never would) it's my right and I'd fight anyone that tried to say other wise.

As an agent of the government (Canadian or otherwise) it's just poor form. And usually clearly laid in most job descriptions, SOPs, or whatever set of guidelines you are hired under.


That's why it's impossible to have a rational discussion with irrational people. You want your outcome, not what is fair and just and for the betterment of all. You just want what you want like a five year old wants a snack before dinner and can't see past their own desire.

Not at all. Just throwing out extremities as examples. Was it in poor judgment, yes. But you have to take it in context. It was a one time incident and he did it as a joke rather then provocation. My point was that the punishment he received was too extreme imo.

A year's paid vacation and 30 days unpaid. 

 

So harsh!

A year's suspension is pretty harsh.

I completely agree with the idea that political statements have no business in a court room, especially by judges, but this wasn't really a political statement. And it was very much an isolated incident.

anthonyMI -

Judges should not be showing off any partisanship on the job, and definitely shouldn't be wearing a ballcap in a courthouse. The latter part bothers me more. Have some dignity.

How did you feel previously when the American judge wore the pussy hat?