A provincial court judge in Ontario is facing discipline this past week, for conduct the day after the US election last November. He wore a Trump “Make America Great Again” cap into court, triggering over 80 complaints to the provincial judicial council.
He says it was sort of a joke, not an indication of support for Trump.
As for jokes, in less prim times before the miserablists took over, British judges were known for making wisecracks in court — some of them very funny too, like the Scottish Lord Braxfield’s keen joke: “Ye’re a vera clever chiel, man, but ye wad be nane the waur o’ a hanging”
Tis a sad world and a thoughtful word can make break the ice and everyone feel better.
Otherwise he was not a nice man.
Mr. Justice Darling — before he was made a lord ( dunno the correct nomenclature since one can’t call him Lord Justice Darling after his elevation — he was not an Appeal Judge, but sat on the Queen’s Bench ) was famous for it.
He was known for his erudition and at times inappropriate wit, both on and off the bench, as well as for being impeccably dressed and wearing a silk top hat whilst riding to Court on a horse and accompanied by a liveried groom
I don’t believe for a minute it ‘was just a joke!’, or ironic. He’s a judge, and this IS a clear indication of his lack of judgement.
When your bad judgement lands you in the headlines you should be forced to early retirement because clearly, your time has passed. Just like the last case where the judge told a rape victim she should have ‘kept her knees together’. He tried to say he didn’t mean it ‘like that!’ too.
That he thought this was appropriate, with years of experience on the bench, indicates to me, his time there should be done. Not firing, or chastising, just flat out retirement. As of yesterday.
If he doesn’t want to go quietly, fire his ass. There is no room for this American style horseshit in Canadian courtrooms. There should be swift and decisive push back, I feel.
When I worked as a poll clerk in a provincial election, the training went to great lengths to stress that we were to be politically neutral: we weren’t even allowed to wear the colours of any of the political parties. This limited us to black, white, and beige, basically (and I joked about starting a Beige Party, whose platform would be bland).
I see no reason why judges shouldn’t be held to the same standard.
Your sig sums up the problem in this particular case.
In Ontario, candidates for the bench have to apply. The Provincial Judicial Council vets the application for competency, honesty, reputation, etc. If someone passes that vetting, they are eligible for appointment by the provincial government.
Separating judges from politics is as important as separating church from state. If you’re hired for your good judgement and discretion, then choose to openly display an egregious lack of both, it’s time for you to ‘retire’. Your years of good service are why you’re being retired instead of fired, you should take the deal and move on, in my opinion.
Using the douchebag’s refrain, ‘It was a joke!’, makes us all embarrassed for you. Just go.
The court isn’t a place for judges to make such “jokes”. Wit is okay in actual judgments, as long as it is actually clever; playing the clown in the courtroom isn’t, much less trolling people (which appears to be closer to the mark of what he was up to - basically sticking out his middle finger to all the other judges etc. who overwhelmingly loathed the fact that Trump won the election).
I think firing the guy is going too far; it is disproportionate to the offence given.
I don’t agree. The argument that his bad judgement reflects badly on his ability to do his job makes far more sense to me. I would worry the guy has early senility.
And the fact that he saw Trump’s election as a joke instead of as a clear and serious problem does show his political affiliation. What America does affects Canada.
The only way such a joke even makes sense is as a “stick it to the liberals” joke. Before his election, it could make sense to think he wasn’t a serious threat, and thus joke about him. But afterwards? Not so much.
This sounds about right to me. Looks like the judge made a single dumb mistake. Humor in court is best when it’s self-deprecating and/or appropriately lightens the mood; it should never be mean-spirited about colleagues or, worst of all, litigants and counsel.
