| ► Houma Courier – 11/12/03 – Judge’s costume sparks complaints, national debate |
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Houma Courier – Nov. 12, 2003 – Judge’s costume sparks complaints, national debate By John DeSantis and Dee Dee Thurston
Proceedings were canceled without explanation in an embattled Terrebonne Parish judges’ courtroom today as furor over his black-face Halloween costume reached national audiences.
Meanwhile, local civil-rights leaders prepared to file a formal complaint with state officials against state District Judge Timothy Ellender.
The Houma judges’ appearance in black-face makeup, what witnesses say was an Afro-style wig, and orange prison jumpsuit and shackles at a Houma restaurant has drawn national attention and criticism, contrasting with his initial assessment that the issue was a “tempest in a teapot.”
The Louisiana Supreme Court will be the final arbiter of Ellender’s conduct, but only if the state’s Judiciary Commission – which oversees the conduct of judges statewide – recommends that the justices take the case. Unless that occurs, details of any preliminary investigation, including complaints received, remain shielded from public view under state law.
“All proceedings are confidential until such times as a recommendation is filed with the Supreme Court,” said Robert Gunn, a commission spokesman
In 2002, the commission received a total of 488 complaints against Louisiana judges. Of those, 288 were screened out for lack of evidence or other reasons, Gunn said. Of the rest, 200 were reviewed, with 47 requiring in-depth investigation. Ultimately, 29 formal charges were brought against eight judges.
The Supreme Court has wide discretion in how such cases are handled; sanctions can range from reprimand to suspension to dismissal.
Ellender did not return numerous phone calls to his office and home earlier this week. This morning, the judge was not in his office, and the voice mailbox on his home phone was full and not accepting messages.
Spokeswoman Valerie Willard said there is a possibility that the commission has already begun its own investigation but could not confirm – because of the confidentiality rules – whether that is the case.
Discussion of the judge’s costume, meanwhile, has occurred in some high-profile venues. A CNN news show featured the controversy Tuesday night and included an interview with Terrebonne NAACP President Jerome Boykin, who has raise objections to Ellender’s costume. During the program, a CNN legal expert described Ellender’s behavior as “intense stupidity.”
Today’s New Orleans Times-Picayune ran an editorial cartoon showing Ellender in Ku Klux Klan robes.
In California, a self-described judicial watchdog said he e-mailed his own complaint about Ellender to the Louisiana Judiciary Commission after learning of the costume controversy on television and reading The Courier’s online coverage. David Palmer of El Dorado Hills, a judicial gadfly who operates a Web site called www.noethics.net, which routinely post accusations against judges, said he was outraged by the reports.
“There can be no valid excuse for Ellender’s conduct, and the sole remedy if for the Louisiana Supreme Court to remove him from office to assure that his bigoted views cannot be visiting upon minorities and/or others that are unfortunate enough to have to appear before him,” Palmer wrote.
Lousiana Judiciary Commission officials will not confirm Palmer’s complaint, citing strict confidentially rules. Neither will they discuss whether the commission is acting on its own to investigate the incident due to media reports.
Boykin said he plans to file a complaint on behalf of the NAACP with the Judiciary Commission today. He maintains that Ellender’s own explanation of his behavior is as bad – if not worse – than the costumed appearance.
State NAACP president Ernest Johnson said Tuesday he had discussed the issue with the group’s national chairman, Kweisi Mfume, and that both he and Mfume support any action Boykin deems appropriate.
As Boykin and other community leaders see it, the Halloween costume – no matter how innocent – evinces a mindset on the part of the judge that calls into questions whether he sees black men who come before him as criminals automatically.
The judge’s local defenders say the concept is a mere matter of political correctness gone awry and that a Halloween prank is not a true indication of Ellender’s sentiments. Supporters maintain that the judge is fair and even-handed, regardless of a person’s race.
But judicial experts have noted that even the appearance of impropriety can have serious consequences for any judge, who at all times must be perceived as fair and impartial.
The first provision in Louisiana’s judicial code of conduct, the standard by which Ellender will be judged, is that a judge “shall uphold the integrity and independence of the judiciary.”
The code goes on to say that a judge “should participate in establishing, maintaining and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved.”
Judges, the code continues, shall “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”
Ellender spoke Monday to WWL-TV reporter Dave McNamara.
“Hey, I’m a regular person, Ellender said in the interview. “I make mistakes. Maybe my first one in 21 years. Not a bad record.”
The judge expressed regret for offense taken and said he is willing to meet with Boykin. “I’m very sorry for offending anybody that found it offensive,” Ellender said. “My office is open to meet with them and talk with me privately any time they want to. I’m very, very sorry for it [sorry he got caught!] … My costume wasn’t getting any laughs and, uh, everybody knew what I was. So somebody at the party said, hey, somebody else was dressed as Buckwheat. So someone suggested that I put some of this paint on my face, and I did.”
Ellender’s second-floor Houma courtroom was locked shut today [Ellender still got paid], and people arriving there were sent home. Employees offered no specific explanation. But some who work closely with the judge, including bailiffs and clerical personnel, black and white, expressed their own outrage at what they view as unfair labeling of a man they see as a good and just friend.
“he does not see black and white; he sees people and what they have done wrong,” said one, who refused to be quoted by name [surprised?].
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