Judge who wore Trump hat: ‘I had no malicious intent’

TORONTO — An Ontario judge who wore a hat in court bearing a slogan used by U.S. President Donald Trump told a disciplinary hearing Wednesday he was shocked to discover that what he meant as a joke was viewed as a political statement.

Justice Bernd Zabel told an Ontario Judicial Council panel in Toronto he meant to “lighten things up” by wearing a baseball cap with the slogan “Make America Great Again” while walking into court on Nov. 9, 2016 — the day after Trump won the U.S. election.

Zabel, 69, testified that it was only after his actions made headlines that he realized some believed he was showing support for Trump and his policies. “I had no malicious intent,” said Zabel, who vowed never to wear the hat in court again.

Zabel admitted his actions were contrary to the standard of conduct expected of a judge and constitute judicial misconduct.

An agreed statement of facts shows Zabel wore the hat while walking into a courtroom and said it was “just in celebration of a historic night in the United States.”

He then took it off and placed it on the dais until the break, when he took it back to his office, the document says.

While leaving the courtroom at the end of the day’s proceedings, Zabel was asked by a prosecutor about the hat’s disappearance, according to the agreed statement of facts. He replied: “Brief appearance for the hat. Pissed 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.”

Zabel later apologized publicly for his behaviour, calling it a “lapse in judgment.”

The panel must decide what penalty, if any, to order. It might impose a number of sanctions or recommend Zabel lose his job. A decision was not delivered Wednesday and no date was given for the ruling.

The judicial council said it received 81 complaints about Zabel’s behaviour, with some suggesting his apology was not consistent with his earlier comments in court.