Montana Judge Gave One Month In Prison To Child Rapist, Should He Be Fired?

A Montana judge is facing disciplinary action over his lenient sentencing of a convicted rapist.

District Judge G. Todd Baugh will have to answer a complaint filed with the state Supreme Court that he had eroded public confidence in the judiciary with his actions in the case.

The Montana Judicial Standards Commission, through a judicial oversight board, is asking that disciplinary action be taken against judge Baugh for saying that a 14-year-old rape victim was “older than her chronological age”, and effectively sentencing her rapist to just one month in prison, based on his perception of the victim.

The commission did not say exactly what disciplinary action should be taken. However, the Montana rules allow for actions ranging from a private censuring up to his removal from the bench.

Montana Judge Baugh, 72, has since apologized for the manner in which he dealt with the case and, in any event, plans to retire at the end of the year. He added that he had not yet seen the complaint, and therefore would not comment on it.

The commission alleges that judge Baugh’s statements about the victim did not comply with a state law that requires child rape victims to be evaluated based purely on their age.

Subjective judgments about their physical maturity or control of the situation are not permissible.

The prison sentence given to rapist Stacey Rambold of 15 years in prison, with all but one month suspended, was “overly lenient” and illegal under state law. Prosecutors say Rambold should have received a mandatory minimum of four years in prison.

Rambold was released from prison in September, and remains free pending the appeal.

Judge Baugh has accepted that his actions eroded confidence in the Montana court system, and later told The Associated Press that he deserved to be censured, but not removed.

Sheena Rice, from the Montana Organizing Project, helped to arrange a protest rally outside Baugh’s courthouse last August. She said on Tuesday that she still hoped Baugh would resign and was glad that the judicial commission was taking action.

“It’s been a long road since the end of August, but it’s good to see something come out of what we did,” Rice said.

However, since judge Baugh is retiring from the Montana bench in a few months, it’s difficult to see what purpose will be served by pursuing the action against him.