What's wrong with wearing black face and a prison jump suit on Halloween?
Judge who wore blackface is suspended
Times-Picayune
Court also recommends that he take racial sensitivity course
Tuesday, December 14, 2004
By Tara Young
Staff writer
A Houma judge who donned blackface makeup to complement his orange prison jumpsuit, handcuffs and afro wig for extra laughs at a Halloween party should be suspended for six months and take a course in racial sensitivity training, the state Supreme Court ruled Monday.
In a 5-2 decision, the Supreme Court voted to suspend Judge Timothy Ellender for a year without pay for failure to uphold portions of the judicial code of conduct, but it agreed to defer half of the sentence, provided he attends a local university and take a sociology class or two.
"As a public official, a judge's behavior both on and off the bench must comply with the highest of standards delineated in the canons," the court said. "When a judge's actions raise the concern Judge Ellender's behavior raises, we are required to thoroughly examine the conduct and the implications of such conduct, to ensure that the integrity of the state's judicial system is maintained."
Ellender admitted wearing the racially insensitive costume Halloween 2003 at a Houma seafood restaurant, owned by a relative. He has since said he meant no harm or insult to the African-American community.
Bill Bordelon, the attorney who represented Ellender before the state Supreme Court, declined comment Monday, saying he had not read the court's decision.
Although the court said it believes Ellender's intent was not to be hurtful to the African-American community, the justices deemed it necessary to discipline him for his judgment lapse in choosing such a costume.
"As ministers of justice charged with the duty to preserve the integrity of the bench for the benefit of the public, this state's judges should conduct themselves in a manner above reproach and suspicion," the court said.
During the height of the controversy, Ellender testified that he wore the costume to complement the police uniform his wife wore. He was her prisoner, he said.
After reviewing the case, the court said suspension without pay for one year is appropriate, but six months should be deferred, contingent upon Ellender attending a sociology class to "assist him in achieving a greater understanding of racial sensitivity." The court went as far as to name Nicholls State and Southeastern Louisiana universities as possible choices.
The suspension, court records show, will result in a loss of more than $50,000 in pay. Ellender also will be required to pay court costs of $2,137.
In a dissenting opinion, Justice Jeffrey Victory found the court's decision to be excessive.
"A review of Judge Ellender's record on the bench turned up absolutely no evidence of racial bias in his decisions; in fact, the review showed that, if anything, he was more lenient toward African-American defendants," Victory wrote. "Nothing suggests that Judge Ellender abused his office in order to further his personal desires. Finally, Judge Ellender apologized for his actions both publicly and in private meetings with local leaders of the black community."
But 4th Circuit Court of Appeal Judge Edwin A. Lombard, who heard the case in place of Associate Justice Bernette J. Johnson, who recused herself, said the decision is justified.
Johnson did not hear the case because she wrote a complaint to the commission after Ellender's costume made the news. Justice John Weimer also recused himself, because he used to be a judge in neighboring Lafourche Parish. Retired Judge Lemmie Hightower sat in for Weimer .
Lombard wrote, "Those who write off Judge Ellender's lapse in judgment as a harmless prank requiring only a token sanction do not understand how deeply such an act resonates throughout the African-American community as a harsh reminder of a not-too-distant past. Requiring Judge Ellender to undergo racial sensitivity training sends the message not only to Judge Ellender but to the rest of the country that racial slurs and stereotyping, whether intentional or merely thoughtless, will no longer be tolerated in Louisiana."
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LOOK! A JUNKY FORUM HERE! --> http://www.prisontalk.com/forums/forumdisplay.php?f=50
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