Osgood Hall law professor Gus Van Harten filed a complaint with Ontario’s Judicial Council against Ontario Judge Bernd Zabel for wearing a Make America Great Again Trump campaign hat when entering his courtroom, removing it and placing it on the bench while presiding the day after Trump won the election. Judge Zabel was later forced to apologize. However, the apology was still not good enough for some. Others are pushing authorities to fire the Judge for this incident. Read more below from the Globe and Mail and CHCH:
A judge who wore a pro-Trump hat into his courtroom should be publicly condemned and disciplined, an Osgoode Hall law professor says in a formal complaint to a judges’ disciplinary body.
On Wednesday morning, after the U.S. presidential election, Judge Bernd Zabel of the Ontario Court of Justice in Hamilton wore Mr. Trump’s “Make America Great Again” campaign ball cap when he entered his courtroom, a source who was in court told The Globe and Mail. He said the cap signified that it was an historic occasion. He removed the cap and put it on the bench in front of him, the source said, and returned with it after the court’s morning break.
Citing The Globe’s report, law professor Gus Van Harten complained in writing to the Ontario Judicial Council on Friday. He said Judge Zabel’s “childish” conduct cast doubt not only on the fairness of his courtroom but that of the entire Ontario Court of Justice, whose judges sit throughout the province. And he said the judge should at the very least be made to withdraw from cases involving minority groups disparaged by president-elect Trump during the campaign.
If the council investigates and decides his complaint is warranted, it could lead to a public hearing and ultimately result in penalties, from a warning to a recommendation that the judge be removed from office.
The case of Ontario Superior Court Justice Antonio Skarica – who wore a Trump “Make America Great Again” T-shirt while out shopping one day last spring – provides an indication of how seriously judicial authorities take such complaints.
Lorne Warwick, a retired teacher from Dundas, Ont., complained to the Canadian Judicial Council, the disciplinary body for federally appointed judges. The CJC referred the complaint to the chair of its conduct committee, Nova Scotia Chief Justice Michael MacDonald. He spoke to Justice Skarica, who told him he had not intended to make a political statement; he had received the T-shirt from his brother and considered it an item of memorabilia. He promised not to wear the shirt in public again, according to a letter from the CJC that Mr. Warwick posted on a blog.
A spokeswoman for the CJC confirmed the authenticity of that letter. “I believe it shows we took the matter seriously, seeking comments from the judge, and carefully considering the matter following Chief Justice MacDonald’s direction,” Johanna Laporte said in an e-mail.
Mr. Warwick said in an interview that he was “astounded” when he and his wife saw Justice Skarica in the Trump T-shirt. “I felt his judgment was very bad.” He said other shoppers who recognized Justice Skarica looked at him “with disgust.” But at least the judge had to account for his “strange behaviour,” he said in his blog post.
Judge Zabel, who specialized in criminal law and family law before becoming a judge, was appointed to the bench in 1990 by Liberal attorney-general Ian Scott. That came in the first batch of appointments under the province’s new system, meant to reduce the role of politics in appointments by establishing a committee of lawyers, judges and laypeople that would make recommendations to the attorney-general.
A graduate of the University of Windsor law school, he was called to the bar in 1979. He is a past president of the Hamilton Criminal Lawyers Association, and a former director of the Elizabeth Fry Society of Hamilton.
Judge Zabel did not return phone calls to his office Thursday and Friday.
And there’s more, from CHCH:
The Ontario court justice who drew the ire of his colleagues, politicians and the public for wearing a Donald Trump campaign hat in court apologized today. The written apology took about two minutes to read, but it looks like the fall out will be much longer.
Ontario court Justice Bernd Zabel says wearing Donald Trump’s signature red “Make America Great Again” campaign hat to a Hamilton court was supposed to be funny, except no one was laughing. A sombre Zabel read a written statement this morning saying,
“This gesture was not intended in any way as a political statement or endorsement of any political views and in particular the views and comments of Donald Trump.”
“I acknowledge that wearing the hat is a breach of the principals of judicial office and was a lapse in judgement that I sincerely regret.”
Osgoode law professor Gus Van Harten told CHCH last week that Zabel shouldn’t work on cases involving groups the President elect publicly disbarred. Today, he said he isn’t sure if he wants to change or withdraw his complaint. In an email he said that he,
“Appreciate his clear statement of contrition and acknowledgement that it was inappropriate to wear the hat in court and have no interest in seeing anyone’s career ruined as a result of one act of poor judgement.”
Zabel isn’t in the clear yet, Hamilton councillor Matthew Green wants Zabel to resign and several complains have been made to judicial council, a process Ontario’s Attorney General says is appropriate. Zabel didn’t have any court proceedings planned for today but in his statement he says that he will continue to treat all persons that appear before him fairly and impartially.