Montana judge says he broke ethics code

BILLINGS, Mont. — A Montana judge under fire for commenting that a 14-year-old rape victim appeared “older than her chronological age” said Tuesday that he deserves to be censured but not removed from the bench for the remarks.

District Judge G. Todd Baugh told The Associated Press the comments violated judicial ethics rules by failing to promote public confidence in the courts.

“I shouldn’t have said that. … I don’t contest that appearance of impropriety,” he said during an interview in his chambers at the Yellowstone County Courthouse in Billings.

“I don’t think it’s appropriate to be removed,” he added.

The 72-year-old judge repeated his assertion that his comments did not factor into the 30-day sentence handed down in the case, he and said he has no plans to resign in the face of formal complaints filed by advocates for rape victims.

Baugh sentenced former teacher Stacey Rambold in August for the 2007 rape of high school freshman Cherice Moralez, who killed herself before the case went to trial. Rambold, a former business teacher, was 47 when prosecutors said he took advantage of the girl and assaulted her three times — in his house, in the back seat of his vehicle, and at school.

He was eventually convicted on a single count of sexual intercourse without consent.

The office of Montana Attorney General Tim Fox has appealed Rambold’s sentence as illegal and too lenient. He remains free while the appeal is pending before the Montana Supreme Court.

The judge defended the sentence in a Nov. 13 letter to the Judicial Standards Commission, despite his earlier acknowledgements that it appeared to be illegal. He said his description of the sentence as “fair” referred to the full 15-year prison term, most of which he suspended.

In the letter obtained by the AP, Baugh pointed to what he called the “legally and morally good conduct” of Rambold in the years after he agreed to a deferred prosecution.

That 2010 deal allowed Rambold to avoid a conviction until he violated its terms by having unauthorized visits with his relatives’ children and entering a sexual relationship with one or more adult women.

A representative of an advocacy group that filed one of seven pending complaints against the judge said the letter shows Baugh still has not taken ownership of his comments.

“He’s saying the defendant did the morally right thing. Excuse me, the man raped the girl. What is so morally right about that?” said Marian Bradley, president of the Montana chapter of the National Organization for Women. “He should be removed or he should remove himself.”

The victim’s mother, Auliea Hanlon, said after reviewing a copy of Baugh’s letter that she was “highly disappointed” in his response.

Baugh also said Tuesday that a member of the state judicial ethics panel told him in October that he would be recommended for censure by the state Supreme Court over his comment.

The claim could not be verified because the Montana Judicial Standards Commission typically does not release information about pending cases. Commission chairman Edward McLean, a state district judge in Missoula, said in an email that its policy is not to comment on any matters pending before the commission.

Baugh declined to say which member of the five-person panel he had spoken with.

“I’m kind of a lightning rod on this and I don’t want somebody collaterally damaged,” he said.

Commission Executive Secretary Shelly Nash said the Baugh complaints were still under review. The matter was expected to come before the panel at its next meeting Dec. 10, Nash said.

The state argued in court documents filed Friday that Rambold should have served a mandatory minimum of four years behind bars, and that an even longer sentence of 20 years with 10 years suspended was justified.

Rambold’s attorney Jay Lansing declined comment.

Prosecutors previously said at least two years in prison was required. Yellowstone County Attorney Scott Twito said Tuesday that attorneys for the state decided for the purposes of the appeal to rely on a different section of state sentencing laws. He added that he respected the decision.

Twito said the confusion over which statutes to apply underscored the need for the state Supreme Court to clarify which sentences are appropriate in rape cases.

“It’s just confusing,” Twito said. “That’s been a struggle all along.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

T.J. Peters testifies during the murder trial of Alan Dean at the Snohomish County Courthouse on Tuesday, March 26, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Bothell cold case trial now in jury’s hands

In court this week, the ex-boyfriend of Melissa Lee denied any role in her death. The defendant, Alan Dean, didn’t testify.

A speed camera facing west along 220th Street Southwest on Tuesday, Nov. 21, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
New Washington law will allow traffic cams on more city, county roads

The move, led by a Snohomish County Democrat, comes as roadway deaths in the state have hit historic highs.

Mrs. Hildenbrand runs through a spelling exercise with her first grade class on the classroom’s Boxlight interactive display board funded by a pervious tech levy on Tuesday, March 19, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
Lakewood School District’s new levy pitch: This time, it won’t raise taxes

After two levies failed, the district went back to the drawing board, with one levy that would increase taxes and another that would not.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.