Trump-hat judge declared his support for him
‘I was the only Trump supporter up there,’ said Hamilton’s Zabel
A Hamilton judge who apologized for wearing a pro-Donald Trump hat in court the day after the U.S. election — saying it was an attempt at humour and not meant to be political — declared his support for the president-elect later the same day in court.
“Brief appearance with the hat. P----d off the rest of the judges because they all voted for Hillary, so. I was the only Trump supporter up there but that’s OK,” Ontario Court Justice Bernd Zabel is quoted as saying just before court closed for the day on Nov. 9, according to a certified transcript.
As first reported by The Globe and Mail, Zabel, who was appointed to the bench by the provincial government in 1990, showed up for court the morning after the Nov. 8 election wearing a red “Make America Great Again” ball cap.
The Globe reported he then placed the hat on the bench in front of him.
Almost a week later, Zabel apologized for wearing it, acknowledging it was a “lapse in judgment” and “a breach of the principles of judicial office.”
Zabel did not return a request for comment over the weekend.
“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 on Nov. 15.
“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 very much regret that it has been taken as such.”
His decision to wear the hat led critics to question his impartiality, a crucial requirement for judges. Several groups and individuals have filed complaints with the Ontario Judicial Council.
Some questioned whether members of groups attacked by Trump, including Muslims, immigrants and women, would be treated fairly if they appeared before Zabel.
Hamilton Coun. Matthew Green has publicly called for Zabel to step down or be removed from the bench.
In a statement posted to social media Saturday, Green said the transcript indicates “precisely what I had feared all along, that this judge was using the power of his bench to promote a political agenda. One that is founded in bigotry, misogyny, anti-Semitism, islamaphobia, ableism and of which has NO place in our Canadian judiciary.”
“In the face of all that has transpired over this past month this only serves to underscore the strict necessity to safeguard our institutions against these types of violations,” Green said.
Anthony Moustacalis, president of the Ontario Criminal Lawyers’ Association, agrees Zabel should step down.
While the judge may have described wearing the hat as an attempt at being funny and not to indicate support for any particular candidate, the emergence of the transcript indicating his support for Trump within hours of his appearance with the hat is cause for concern, Moustacalis says.
“Judges like Zabel are outliers in an otherwise elite court led by an innovative and hard-working chief justice. He should have matched their demanding work ethic, read their judgments, or sought their wise counsel,” Moustacalis said.
“Instead, he has besmirched his position and embarrassed his colleagues and he should step down immediately, pending judicial council review, if he has any respect left for the court, and the public.”
Hamilton Criminal Lawyers’ Association president Jaime Stephenson declined to comment Sunday night but noted the association’s executives will meet this week to discuss the issue.
If a judge is found to have committed professional misconduct by the judicial council, possible sanctions include a reprimand, suspension or recommendation to the Attorney General that the judge be removed from office.