Law faculty filing second complaint about judge
Transcript expands on remarks about Trump
The University of Windsor’s law faculty is preparing to file a second complaint with the Ontario Judicial Council about Hamilton judge Bernd Zabel in the wake of a fresh controversy that has erupted over comments he made in court the day after Donald Trump’s election victory in the U.S.
A transcript of Zabel’s remarks at the end of the Nov. 9 court session indicates he stated “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.”
It’s not clear why Zabel called himself a Trump supporter, why he was referring to other judges voting for Hillary Clinton in an American election or why he was commenting on another country’s politics in a Canadian court.
Before Zabel’s comments became public, the Windsor law faculty had already filed a complaint following reports that Zabel had appeared in court wearing a Trump “Make America Great Again” hat, which he then put on display in front of him.
The original complaint was signed by 27 members of the university’s law faculty.
The following week, Zabel apologized for wearing the hat, calling it a “lapse in judgment,” “a breach of the principles of judicial office” and an attempt to inject humour into the courtroom.
Now, the Windsor law faculty is filing a new complaint, stating Zabel’s comments in court are “compelling evidence that he wore the Trump hat to make a political statement and publicly endorse the values and views of Donald Trump in his courtroom,” according to Windsor law professor David Tanovich, who signed the original complaint on behalf of the faculty.
Tanovich said the judge’s comment that he’s a Trump supporter “is an explicit political statement.”
“It also belies his apology,” he stated in an email to The Spectator. “It would now appear that his apology contains, at best, misleading and, at worst, false statements about his intent in wearing the Trump hat into court.”
“Indeed, his apology made no reference to his later in-court statement,” Tanovich added.
Zabel did not respond to requests for comment made through staff members at the John Sopinka Courthouse or an Ontario Court of Justice spokesperson.
Several groups and individuals have already filed complaints with the judicial council about the judge. But a spokesperson for the council, which oversees the conduct of provincially appointed judges, stated it cannot specify the number of complaints filed against a judge or whether an investigation of Zabel’s conduct is underway.
The judicial council can order a public hearing into a judge’s conduct. Sanctions, if necessary, can range from a warning to suspension to a recommendation that the judge be removed from office.
A spokesperson for Ontario’s Ministry of the Attorney General declined to comment on Zabel’s conduct and referred questions to the judicial council.
Lenore Lukasik-Foss, executive director of the Sexual Assault Centre Hamilton Area, says she’s concerned for sexual assault victims who might now appear in front of Zabel.
“He is allowed to have his private views but to air it in a public court as a judge is a concern because of the many concerning comments Donald Trump has made about women directly and women generally.
“(Trump has) made comments about touching women, which is actually sexual assault, and condoning certain behaviour,” Lukasik-Foss said.
Coun. Matthew Green has called for Zabel to step down or be removed from office.
Ken Stone, chair of Hamilton’s Community Coalition Against Racism, said if Zabel isn’t removed “and I was a person of the Islamic faith or a person of Mexican descent and I had to appear before him, I would immediately call for a different judge.”