public employees are NOT overturned on a free speech basis since they agree to be held to a higher threshold.
Here is an article that makes it clear that he violated at least TWO Louisiana judicial canons ( I looked up the story):
http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-2/1098253620150260.xmlNot only that but at first he DENIED he went as a black prisoner even though he admitted his hair in the costume was an AFRO...I am certain the high court did not take kindly to being lied to by another judge...it's ALL A POX on the presumed imparitality of the justice system. Here is some of the reasoning of the justices of the Louisiana Supreme court:
When Bordelon said the judge's wig was really a "black clown wig" and that he went to the party as a "white convict," Justice Jeannette Theriot Knoll cut in.
"Are you saying today that he went dressed as a white convict?" Knoll asked. "He wanted to convey a white convict?"
Bordelon said he didn't know exactly what Ellender wanted to convey.
The wig disparity, which flies in the face of the legal stipulation Ellender signed off on -- that the wig was an Afro -- drew fire from Lombard.
When pressed, Bordelon said Ellender had agreed it was an Afro wig, and that the judge admitted he violated two provisions of the judicial canon.
"He never stipulated he violated the Constitution," Bordelon said.
Knoll said it was "unimaginable" that the state Constitution would not let the justices sanction a judge simply because he did not do something inappropriate more than once. What is persistent, she said, is the harm caused to the judiciary by Ellender.
"The harm continues," Knoll told Bordelon, whose client sat with other attorneys and his son, who shares his father's name. "There will be harm because of his racially charged conduct. The harm could be taking the place of persistency." BTW... you are in Indiana where the KKK has a long history with the state house. I would HOPE Indiana would be as fierce as Louisiana in their discipline of a judge were this to occur there. It's really hard to tell the black population they are getting a fair shake in the justice system when judges charged with administering that justice are mocking them.
BTW on edit: Referring back to my post 16 wherein we were discussing if he were "trying to relate" it is clear the judge attempted to DENY he was dressed as an afro American prisoner originally even though he called his wig an "afro"...so it's pretty clear he DID know he screwed up big time.