Montana and Pennsylvania NOW File Judicial Conduct Complaint Against Judge G. Todd Baugh

Today (September 24) at noon MDT, Marian Bradley, President of Montana NOW delivered a complaint to the Montana Judicial Standards Commission calling for the removal of Judge G. Todd Baugh and requesting that the Montana Court System require mandatory sexual-assault training of all judicial employees.

This complaint was created over the last 3 weeks or so by Montana NOW and Pennsylvania NOW, with the assistance of the Women’s Law Project and Legal Momentum.  Marian Bradley, President of MT NOW and I, in my capacity as a member of the Executive Committee of PA NOW worked very closely with Lynn Hecht Schafran, Director of Legal Momentum’s National Judicial Education Program and Carol Tracy, Executive Director; Susan Frietsche, Senior Attorney; and Terry Fromson, Managing Attorney at the Women’s Law Project.  These four women assisted us in crafting the legal wording for this complaint.  We thank them their knowledge and assistance.

We would also like to thank We are Ultra Violet and Fitzgibbon Media for their participation in this effort.  We are so grateful to Ultra Violet for their work in gathering signatures for their petition and sharing those names with us and for the time, energy and unending support they have given us. And our thanks to Fitzgibbon Media for their help with scheduling media, press releases and all things media related.

The complaint focuses on Judge G. Todd Baugh’s judicial mishandling of a highly publicized rape case, his statements blaming the victim, and his failure to follow state law in sentencing Stacey Rambold who plead guilty to one count of sexual intercourse without consent of a 14-year old Hispanic girl who later died from suicide.

In the complaint, we present the background of the case, a summary of Judge G. Todd Baugh’s misconduct, cite the portions of the judicial rules of conduct that were violated, and cite thousands of witnesses.  These witnesses include more than 250,000 people around the world who are calling for either a resignation or removal of Judge Baugh (see here, here, here, and here for the wordings of the four on-line petitions), media reports from two prominent journalists (here and here), and 350 sexual assault survivors who signed a letter calling for the removal of Judge Baugh.  The complaint was delivered to the Commission with copies of the signatures of the petition signers, the letter from the sexual assault survivors, and links to the two news articles condemning Judge Baugh’s actions.

The following is a copy of the complaint that we filed:

Judicial Standards Commission State of Montana COMPLAINT Re: Judge G. Todd Baugh filed September 24, 2013 by Montana NOW and Pennsylvania NOW

Marian Bradley standing next to the boxes of signed petitions calling for the removal of Judge G. Todd Baugh from the bench.

Marian Bradley, President of Montana NOW speaking at the delivery of the NOW complaint to the MT Judicial Standards Commission.

Note that under Montana state law, once a complaint is filed, all proceedings remain confidential unless the matter is referred to the Montana Supreme Court for potential judicial disciplinary action.  So unless the state’s Supreme Court becomes involved, the public will not know the results of our complaint.  But meanwhile you can see what we are demanding.

And a last-minute addition. On Monday afternoon, September 23, Marian Bradley talked to the Montana Attorney General’s office (Tim Fox-R is the AG). She asked about the possibility of NOW filing an amicus brief to the Montana Supreme Court in relation to the Attorney General’s appeal of Judge Baugh’s sentence in the Rambold case. They informed her that anyone is free to seek permission to file such a brief and then directed her to the office of the Clerk of the Montana Supreme Court for more information on that process.

So stay tuned….

Montana’s Judge Baugh Must Go!

Are you upset about Billings (Yellowstone County), Montana Judge G. Todd Baugh’s alleged misuse of his judicial powers in a rape case in Billings, Montana?  Here’s something you can do about it.

A petition has been started on the Ultraviolet website regarding Judge G. Todd Baugh.  In part, it says,

Earlier this week, Montana Judge G. Todd Baugh gave a teacher who raped his 14-year-old student a 30-day jail sentence. Even worse, the judge said the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.” THIS is rape culture at its worst.

And here’s an additional piece of information: this young girl committed suicide in 2010 after the 2007 series of rapes perpetrated by Stacey Rambold.

There are several petitions out on this issue. One goes directly to Judge Baugh. A second one goes to the Montana Secretary of State. This one goes to the Montana Supreme Court and the Montana Judicial Standards Commission.

The one going to the Department of State is inappropriately targeted. Oversight for the judicial system in not held within the Department of State. That’s because of our constitutional requirement that we keep separate the duties and responsibilities of the executive and judicial branches of government.

These two judicial-branch entities in Montana have oversight on judicial affairs and the conduct of the judiciary.  So this site is the CORRECT place to go if you want to sign a petition calling on the removal of MT’s Judge Baugh.

Once again, you want to let Montana know that Judge Baugh must go, click here to sign. Thanks!

Good Start on Facebook Guidelines, But More is Needed

This morning, the Huffington Post posted an article about yesterday’s statement from Facebook.  Facebook has agreed to take the following steps to reduce online violence against women and children on their pages:

  • We will complete our review and update the guidelines that our User Operations team uses to evaluate reports of violations of our Community Standards around hate speech.  To ensure that these guidelines reflect best practices, we will solicit feedback from legal experts and others, including representatives of the women’s coalition and other groups that have historically faced discrimination.
  • We will update the training for the teams that review and evaluate reports of hateful speech or harmful content on Facebook. To ensure that our training is robust, we will work with legal experts and others, including members of the women’s coalition to identify resources or highlight areas of particular concern for inclusion in the training. 
  • We will increase the accountability of the creators of content that does not qualify as actionable hate speech but is cruel or insensitive by insisting that the authors stand behind the content they create.  A few months ago we began testing a new requirement that the creator of any content containing cruel and insensitive humor include his or her authentic identity for the content to remain on Facebook.  As a result, if an individual decides to publicly share cruel and insensitive content, users can hold the author accountable and directly object to the content. We will continue to develop this policy based on the results so far, which indicate that it is helping create a better environment for Facebook users.
  • We will establish more formal and direct lines of communications with representatives of groups working in this area, including women’s groups, to assure expedited treatment of content they believe violate our standards. We have invited representatives of the women Everyday Sexism to join the less formal communication channels Facebook has previously established with other groups.
  • We will encourage the Anti-Defamation League’s Anti-Cyberhate working group and other international working groups that we currently work with on these issues to include representatives of the women’s coalition to identify how to balance considerations of free expression, to undertake research on the effect of online hate speech on the online experiences of members of groups that have historically faced discrimination in society, and to evaluate progress on our collective objectives.

What I don’t see in this Facebook statement is an agreement to be more transparent in their monitoring process. I would like to see them report how many and what types of pages/ads that they have monitored, shut down, and/or contacted for possible violation of their regulations.  In addition, in their efforts to “balance the consideration of free expressions,” I believe they need to provide to the public upon request reasons they allow or disallow a particular ad or page that allegedly violates the new anti-rape policy from remaining online.
There were several petition sites where you could raise your voice to call on Facebook to follow through on this statement to end their misogynistic rape ads that they have called “humor.”  The one that gathered the most signatures was called Demand Facebook Remove Pages That Promote Sexual Violence.  It is now closed.  This petition collected signatures that were sent to Facebook. It successfully called upon Facebook to do several things (others are listed on the petition page itself), including

  1. Make a public statement that rape is never acceptable; that promoting sexual violence and violence against women is repugnant; remove content that advocates rape, sexual violence, and violence against women; and that the terms of service/community standards will be updated to specify this.
  2. Be transparent about the content monitoring process; to state publicly if and how many pages are removed that promotes sexual violence or violence against women.  (Note, this was not part of Facebook’s recent statement, but I believe should be part of their new policy).

Since the second issue of transparency was not covered in Facebook’s statement, I would suggest we continue making comments to Facebook about the need for more transparency.  There is another petition on Change.org. It is still open and allows you space to comment on this issue.  In that comment box, you can make your suggestion for more transparency as they craft this new policy.  Here’s what I wrote to them in that comment box:

Thank you for issuing your statement to review and update your policy on any type of hate speech that allegedly condones or promotes violence against women including domestic violence, stalking, and sexual assault (whether it is in ads or on pages).  And thank you for agreeing to “establish more formal and direct lines of communications with representatives of groups working in this area [of domestic violence, sexual assault, and stalking], including women’s groups, to assure expedited treatment of content they believe violate [your new] standards.”
However what I don’t see you your agreement is a willingness to be more transparent about this issue to the public.  I am therefore asking that your efforts to “balance the consideration of free expressions,” that you to provide to the public upon request reasons why you either allow or disallow a particular ad or page that allegedly violates your new anti-violence policy from remaining online.

Nel's New Day

MySpace was a popular social network several years ago, but it was quickly taken over by Facebook and pretty much disappeared. Now, the most popular social network is showing very bad judgment.

Last week, protesters boycotted Facebook advertising because the network permitted images of domestic violence against women at the same time that it banned ads about women’s health. Companies that pulled their advertising include online bank Nationwide UK, Nissan UK, and J Street. Dove, a Unilever brand running a “self-esteem” ad campaign for women, faces pressure on Twitter although Procter & Gamble responded, “We can’t control what content they [our advertising] pops up next to. Obviously it’s a shame that our ad happened to pop up next to it.”

Zappos replied that users upset by an ad appearing next to a date rape image “click the X to delete the ad.” Zipcar is still advertising but “expressed to Facebook…

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