A judge for the U.S. District Court for the District of Montana, who gained notoriety earlier this year after sending a racially charged email about President Barack Obama, will take senior status next year, according to a post by the U.S. Courts website.
Judge Richard Cebull, who is the subject of a misconduct review by Judicial Council of the 9th Circuit Court of Appeals for the email, will take senior status in March 2013. Cebull later apologized to the president. The review is still ongoing.
The move to senior status would allow Cebull to vacate his seat while still hearing some cases.
A top official with People for the American Way expressed outrage that Cebull will be remaining a judge. In a written statement, the organization's president, Michael Keegan, called on Cebull to retire or resign in lieu of taking senior status.
"Americans expect the courts to be fair, impartial, and open to all," Keegan said. "Cebull clearly demonstrated that he does not have the temperament to serve as a federal judge, period."
Cebull did not immediately respond to a request for comment.

His racist remarks, was CLEARLY a sign that this "judge" IS incapable of showing/being IMpartial before a TRIBUNAL!
This "judge", 'KNEW or SHOULD have KNOWN", that his behavior was UNethical and he should NOT be allowed to sweep this UNprofessional behavior under the rug as if it has no meaning!
Posted by: ELois P. Clayton | October 05, 2012 at 05:54 PM
Question: If he was being evaluated by the Senate for confirmation after his appointment and this incident was disclosed would he get one "yes" vote?
The Judge is not "naughty." Politicians who fool around or drink too much are "naughty." He is a racist. Racists are evil and should have no role in governing a free people, much less in the administration of justice.
Posted by: JGM | October 05, 2012 at 04:04 PM
The question is not whether he did or would mistreat a litigant because he is a bigot himself. Its the appearance of impartiality and fairness that is now lost, and which is essential to the integrity of and respect for the bench in a republican government. He should have quit immediately, and he knows it. That failure, more than the email, demonstrates his lack of qualification for the office.
Posted by: Bill | October 05, 2012 at 02:11 PM
While this is a free country, "judges" are not free to be racist. He is entitled to his opinion but he is not entitled to sit on a bench that should be race neutral and administer "justice" through racist eyes. One doesn't have to wait to see what the effects are because the effects occur every time a decision is made affecting a person of color. And the sad part about this is that the judge still doesn't acknowledge that the mere fact that he sent the email reveals racial biases and prejudices.
"All that is necessary for the triumph of evil is that good men do nothing."
Posted by: Gospel Barrister | October 05, 2012 at 01:09 PM
Until the man does something that actually affects a litigant, let's return to being a free country.
Posted by: nike shox nz | October 05, 2012 at 04:59 AM
Since Judge Cebull's judgment obviously switches off when he gets emotional about a topic, he'll make bad calls on the bench when atttormeys work out which mental "buttons" can manipulate him.
Whether his momentary mental malfunction resulted from age, "position entitlement," or just instability, he's not a smart choice to put in charge of decisions that affect people's and business's wealth and survival.
Posted by: Tujunga Flash | October 05, 2012 at 01:00 AM
Forwarding off-color and insulting e-mail jokes is not an indicator of "temperament." Possibly, "judgment" ... but what viral e-mails one happens to receive and click on in private seems to me pretty remotely relevant to the man's job.
It's very relevant to what kind of person the man is, but if naughty men were disqualified from public service, America would have to have gone without most of its presidents, a large part of its Legislative branch, most of its armed forces, and a lot more.
I myself draw the line at racist joke e-mails, but then again I refuse to watch cruel or violent TV as entertainment. Others don't.
Until the man does something that actually affects a litigant, let's return to being a free country.
Posted by: Avon | October 04, 2012 at 06:02 PM