Judge sorry for wearing Trump hat in court
Complaints lodged with judicial council
Justice Bernd Zabel has apologized for wearing a Donald Trump “Make America Great Again” campaign hat in his Hamilton courtroom but his critics say that should not be the end of it.
“What I did was wrong. I wish to apologize for my misguided attempt to mark a moment in history by humour in the courtroom following the surprising result in the United States election,” Zabel said in a statement in a courtroom at the John Sopinka Courthouse Tuesday morning.
He said he did not intend the “lapse in judgment” as a “political statement” or an endorsement of any political view and “in particular the views and comments of Donald Trump.
“I apologize for any offence or hurt caused by my thoughtlessness,” he said.
Last Wednesday, Zabel walked into a Hamilton courtroom wearing the Trump hat, describing the election of the controversial Republican candidate as a “historic event.”
That led to criticism from numerous
people including Hamilton city councillor Matthew Green .
Green said Tuesday that “taking responsibility is an important first step in this process.
But his apology does not provide him with impunity from the rest of the process with the multiple official complaints before the judiciary review.
“I think that it is essential that this process play itself out so that the public and the legal system have clear legal opinions on what is appropriate activity and decorum and respect for a courtroom by a judge.”
Osgoode Hall Law School professor Gus Van Harten filed a fivepage complaint to the Ontario Judicial Council Friday that, among other things, said, “It is far from a trivial lapse of judgment for (Zabel) to have used his judicial office in this way.”
Reached Tuesday, after the apology, he said, he was pleased by Zabel’s statement but was planning to continue with his complaint.
“Justice Zabel has done the right thing by apologizing at this early opportunity. I appreciate his clear statement of contrition and his acknowledgement that it was wrong to wear the hat in court. I would not wish to see his career ruined by one act of poor judgment,”
he said in an emailed response.
“The larger and more important issue is public confidence in our courts. In the charged atmosphere after the U.S. election, the hat has opened a can of worms for the courts.
“In the circumstances, it may be that the Ontario Judicial Council will think it appropriate to take further steps to ensure public confidence.
“I would like to give the Council that opportunity by maintaining the complaint, though I expect to vary it once I’ve had more time to think about it.”
The Ontario Judicial Council has said it won’t comment on any matters that are before it.
Zabel has been a judge since 1990 and was president of the Hamilton Criminal Lawyers’ Association from 1987-1989.
Justice Zabel has done the right thing by apologizing ... GUS VAN HARTEN OSGOODE HALL LAW SCHOOL PROFESSOR