Alice Batchelder

Judge Boyce F. Martin Jr.

Judicial misconduct comes from all across the ideological spectrum. Judge Richard Cebull of Montana, who reportedly spewed out racist emails like an ATM dispensing twenties, was an anti-Obama conservative. Meanwhile, Judge Boyce F. Martin Jr., whose ethical troubles we alluded to yesterday, was a prominent progressive on the Sixth Circuit.

Judge Martin was appointed to the court in 1979 by President Jimmy Carter and wrote major opinions attacking the death penalty and defending affirmative action. He also penned fun opinions that included references to The Simpsons and Austin Powers.

Alas, this liberal lion has roared his last. Did an investigation into possible judicial misconduct help drive Judge Martin from the bench?

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Does this sign also mean no blacks or women allowed?

It’s the ruling that is splitting the Sixth Circuit apart. A federal bankruptcy judge, George Paine II, belongs to an all-white country club in Nashville. But there is a pesky judicial code of conduct that says that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin,” according to the New York Times (gavel bang: ABA Journal).

That seems cut and dry to me. An all-white, all-male country club sounds a hell of a lot like an organization practicing “invidious discrimination.” But I’m not on the Sixth Circuit.

And the Sixth Circuit essentially told Judge Paine: guys in my high school used to belong to discriminatory clubs all the time, it was no big deal.

In a 10-8 decision, the circuit decided to allow Paine to continue his membership in the club and on the bankruptcy court.

So that code of judicial conduct means what exactly?

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