N.Y. judge's Facebook memes get him fired; This Week in New York History

And opponents of the "Equal Rights Amendment" rallied across the state Monday.

Good afternoon — it’s Monday and National Women’s Equality Day.

MONDAY, AUGUST 26, 2024

TODAY’S CAPCON:

• A N.Y. judge has been removed from the bench after a Confederate flag and series of Facebook posts gave a perception of racial bias.

• What does $30 million in weed look like, in terms of stores padlocked for illegally selling it? We’ve got some numbers.

• Opponents of the “Equal Rights Amendment” rallied against it across the state Monday but couldn’t connect a claim with evidence.

• This Week in New York History: a fire at the opera, Benedict Arnold and the Civil War.

🌤️ Tonight’s Weather: Albany: Mostly clear, low 60s. New York City: Chance of storms, partly cloudy, high 60s. (National Weather Service)

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(Jenny Kane/Associated Press)

⚖️ A judge’s Facebook activity and a Confederate flag lead to his removal

🧑‍⚖️ The judge from Herkimer County was very active with Facebook memes that gave the perception of racial bias, a state commission said.

I usually try to open the newsletter every day with the biggest news of the day or analysis on something in the news cycle. 

But I couldn’t not write about how a state judge was removed from the bench Monday over a Confederate flag and a series of political memes on Facebook.

The judge — Thomas Rathbun, Jr. from the Salisbury Town Court in Herkimer County — has been on the bench since 2002. He (like many town and village justices) is not an attorney.

• He was recommended for removal from the bench Monday by the state Commission on Judicial Conduct, whose decision will stand unless Rathbun appeals it and wins.

About two decades ago, Rathbun began displaying a Confederate flag on his desk at the courthouse.

• His desk and the flag were visible from the courtroom because his chambers were through an adjacent door.

But that’s mild compared to some of the stuff Rathbun posted on his public Facebook page, according to the commission.

They listed several Facebook memes — photos with text that’s supposed to be a joke — he posted, but I’ll give you some of the highlights.

• In 2017, Rathbun posted a meme with text that read “I’m proud to be white. I bet no one passes this on because they are scared of be (sic) called a racist.”