victim-blaming

April 30, 2014

Seeking Justice for Cherise

In August 2013, Yellowstone County (Billings), Montana Judge G. Todd Baugh sentenced ex-teacher Stacey Rambold to thirty days in jail for raping one of his 14-year-old students . Baugh had followed a recommendation from Rambold’s lawyer by giving Rambold a sentence of 15 years in prison with all but 31 days suspended and a one day credit for time served. Even worse, the judge showed gender and racial bias against Cherise Morales—the 14 year old, Hispanic girl who Rambold raped. During the sentencing hearing, Baugh stated that  the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.”

Upon hearing about this incident, Joanne Tosti-Vasey, former PA NOW president and current member of the PA NOW Executive Committee contacted Montana NOW President Marian Bradley. After consulting with each other, Montana NOW and Pennsylvania NOW decided to coordinate a state and national action to push back against this egregious behavior and use of rape myths.

We focused on both the unethical behavior of Judge Baugh and on working to overturn the illegal sentence handed down on Rambold.

The Ethics Complaint Against Judge Baugh

First, we focused on a petition to sanction Judge Baugh. The first step was to help get a groundswell of people calling for the Montana Judicial Standards Commission to review and sanction Judge Baugh for his behavior. Working with We are Ultraviolet and Fitzgibbon Media we gathered over 130,000 signatures calling for the state to sanction Judge Baugh. Meanwhile we contacted Legal Momentum (a national women’s advocacy organization that houses the National Judicial Education Program on Gender Bias in the Courts) and Pennsylvania’s Women’s Law Project to assist us in crafting our complaint.

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 delivering the NOW complaint to the MT Judicial Standards Commission on September 24, 2013.

Using these petition signatures, we publicly delivered our complaint on September 24, 2013 against Baugh urging the Montana Judicial Standards Commission and the Montana Supreme Court to

  • Remove Judge Baugh from the bench for his misconduct related to his handling of and speech about the rape case involving the sentencing of Stacey Rambold; and
  • Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant.

As a result of this complaint and several others, Judge Baugh acknowledged on December 7, 2013 that he violated one of the three ethics rules we alleged he had violated. He said that he had failed to “promote public confidence in the independence, integrity,and impartiality of the judiciary,” and did not “avoid impropriety and the appearance of impropriety.” But he refused to acknowledge that  he used racial and gender bias in handing down the sentence and as a result, did not uphold the law. So we submitted a response detailing the rape myths he used in creating the sentence and in not following the law with the minimum, mandatory two-year sentence.

Then Baugh, in an effort to avoid the sanctions he could see coming, announced in January that he would not be seeking reelection in 2014. A couple of weeks after this announcement, the Montana Judicial Standards Commission announced that they were sending a recommendation to the Montana Supreme Court to use their oversight powers to sanction Judge Baugh.

The Amicus Brief

Meanwhile, on December 6, 2013, the Montana Attorney General’s office filed an appeal before the Montana Supreme Court. They are asking the court to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines.  They are asking for, at minimum, a four-year sentence.

NOW once again weighed in. Knowing that it is possible for advocacy groups to file “friend of the court” amicus curiae briefs, we contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus.  They put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana.  As a result, all six organizations agreed to file an amicus.Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief and petitioning the Court to add our brief to their review of this case.

Montana’s Supreme Court rarely accepts amicus briefs, but did in this case. The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases.  We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case of Stacey Rambold to a new judge for appropriate and legal re-sentencing.

What’s Happening Now?

Both cases were sent to the Montana Supreme Court for review. We heard on April 25 (the 10th anniversary of the March for Women’s Lives in Washington DC that brought out over one million people) that the decisions on what type of sanctioning Judge Baugh will receive and whether or not Stacey Rambold will be re-sentenced is pending.

This morning, the Montana Supreme Court handed down their decision in the Montana v. Rambold case (copy of the opinion can be seen here). The Court listened to the arguments presented by both the Attorney General’s office and by NOW. They overturned (“vacated”) the 30-day sentence and remanded the case back to the Yellowstone County Courts for re-sentencing in line with the minimum mandatory sentencing guidelines. In addition, they have ordered the county to assign the case to another judge for Rambold’s re-sentencing.

The last two paragraphs of the opinion indicate that the Court heavily relied on our amicus in ordering the remand:

¶21 On remand for resentencing, we further instruct the court to reassign the case to a different judge to impose sentence. We have considered several factors to decide whether a new judge should be assigned to resentence a defendant in a particular case, among them; whether the original judge would reasonably be expected to have substantial difficulty in putting out of his or her mind previously-expressed views determined to be erroneous, whether reassignment is advisable to preserve the appearance of justice, and whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness. Coleman v. Risley, 203 Mont. 237, 249, 663 P.2d 1154 (1983) 10 (citations omitted). In State v. Smith, 261 Mont. 419, 445-46, 863 P.2d 1000, 1016-17 (1993), we remanded for resentencing to a new judge when the judge’s statement at trial evidenced bias against the defendant. Even where bias did not require reassignment to a new judge, we have reassigned where media coverage and public outrage “have snowballed to create an appearance of impropriety.” Washington v. Montana Mining Properties, 243 Mont. 509, 516, 795 P.2d 460, 464 (1990).

¶22 In the present case, Judge Baugh’s statements reflected an improper basis for his decision and cast serious doubt on the appearance of justice. The idea that C.M. could have “control” of the situation is directly at odds with the law, which holds that a youth is incapable of consent and, therefore, lacks any control over the situation whatsoever. That statement also disregards the serious power disparity that exists between an adult teacher and his minor pupil. In addition, there is no basis in the law for the court’s distinction between the victim’s “chronological age” and the court’s perception of her maturity. Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding. Under these circumstances, we conclude that reassignment to a new judge is necessary to preserve the appearance of fairness and justice in this matter.

Meanwhile the sanctions against Judge Baugh are still pending. This was confirmed in this morning’s opinion announced by the Montana Supreme Court: Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding.

We feel strongly that our work on this case shows our commitment to looking out for the women, children and families of our states and our nation. This behavior by our teachers and our judiciary should not and will not be tolerated. Our vigilance will continue.

— blog written by Joanne Tosti-Vasey and Marian Bradley

December 8, 2013

Montana and Pennsylvania NOW Respond to Judge G. Todd Baugh

On September 24, 2013, Montana NOW and Pennsylvania NOW submitted a complaint about Judge G. Todd Baugh to the Montana Judicial Standards Commission.  In my capacity as a member of the Executive Committee of Pennsylvania NOW, I worked with Marian Bradley, President of Montana NOW, to craft the original Complaint. You can read a summary of and public delivery of this complaint to the Commission here.

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 Commission.

Judge Baugh responded to our complaint on November 13, 2013.  The Commission sent us a copy of his response on November 19, 2013.  They gave us twenty days to review and advise the Commission on the factual accuracy of Judge Baugh’s response.    Our response was faxed to the Commission on Saturday morning, December 7, 2013.

In our initial Complaint, Montana NOW and Pennsylvania NOW alleged that Judge G. Todd Baugh violated the following three Ethics Rules:

  • Rule 1.2 says, “promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.”
  • Rule 2.2 says, “shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.”
  • Rule 2.3 says, “shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, …socioeconomic status, …”

In his response to our Complaint (and in the press), Judge Baugh acknowledges that he violated Rule 1.2 but denies any violation of Rule 2.2 or 2.3.  We believe he is in error and continues to violate these two rules in addition to Rule 1.2. Judge Baugh claims in his response to our Complaint that he did not violate either Rule 2.2 or 2.3 because he “read” the materials presented to him. He then goes on to say, “Some phrases [of what I read] stuck in my mind, but it was inappropriate to repeat them.”

We reviewed his complaint and saw additional comments of continued disregard for the performance of his duties and bias in sexual assault cases. For example as just mentioned, Judge Baugh says that he now won’t repeat whatever it was that “stuck in his mind” but was “inappropriate” to repeat.  This along with many other statements during and after the sentencing trial, in the press, and in his response all point to error in his refusal to acknowledge his violation of all three ethics rules.

Our response directly supports our initial Complaint of the violation of Rules 1.2, 2.2, and 2.3 based upon Judge Baugh’s response. We added additional comments about this particular case. In addition, we included supporting information as to what other judges throughout the country have said in relation to adjudicating and sentencing in sexual assault cases in general.  We believe that this supporting commentary from fellow judges backs up our concerns about the mishandling of this case.

The following is a copy of the Response that we filed on Saturday

// FINAL PDF- Response to Baugh Complaint Response December 7_ 2013 –

We believe that Judge Baugh violated all three rules (1.2, 2.2, and 2.3).  He agrees with us that he violated Rule 1.2 in that he failed to promote public confidence and failed to avoid impropriety in his statement and minimal sentencing of Rambold.

We disagree completely in his refusal to acknowledge the violation of Rules 2.2 and 2.3.  He did NOT uphold and apply the law relating to the sexual assault of a minor.  He did not perform his duties fairly and impartially.  His words, his conduct throughout this case and in the media, and his response to our Complaint continue to show bias or prejudice based upon race, sex, gender, and socioeconomic status.

Judge Baugh’s statements and behavior need more than a letter of censure which he claims he was told by a member of the panel in October  that he would get.  Judge Baugh listened to the recommendations of the Defendant and not to the law.  Again, with his Response to our Complaint, Judge Baugh continues to show that he has no regard for the law in the area of sexual assaults of minors and thus believes that censure is the correct remedy for violating “only” one rule – Rule 1.2.  He takes no responsibility whatsoever for violating Rules 2.2 and 2.3.

Hopefully the Judicial Standards Commission will do the morally and legally right thing, find that he violated all three rules, and remove Judge G. Todd Bench from the bench. And if the case is remanded back to the local court by the Supreme Court for resentencing, we hope that this case will be given to another judge.

September 24, 2013

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….