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Judge Hollenbeck Apologizes To Cancer Victim, Revokes 'No Hat' Rule

Lynette Scavo Felicity Huffman cancer bald Above the Law blog.jpgHere's a quick update about yesterday's Judge of the Day, the Honorable Holly Hollenbeck. From the Tri-City Herald:

A Benton County judge has apologized for telling a woman with cancer to take a knitted cap off her bald head or leave his courtroom. "Words can't express how sorry I am," Judge Holly Hollenbeck told the Herald on Monday, a few hours after he spoke with Bev Williams by phone and offered an unconditional apology.

Hey look! It's an ATL shout-out:

The story was picked up by Seattle news media, then was spread across the country by The Associated Press. The Drudge Report website, published as a digest of headlines across the nation, reported the story Sunday. A website called Abovethelaw.com also invited comments about the incident, and had drawn more than 60 by Monday evening.

"I'm being vilified," Hollenbeck said. "I made no excuses to her for my behavior. What happened to her was inexcusable."

And what about the headgear rule?

Hollenbeck, who is presiding judge for the District Court, said each judge retains discretion on how to enforce rules about hats and appropriate attire in court. "The rule has been changed (in my court)," he said.

So if you ever get to wear your hat in Judge Hollenbeck's courtroom, you have ATL to thank for it (in part).

Judge apologizes for telling woman with cancer to remove hat [Tri-City Herald]

Earlier: Judge of the Day: Holly Hollenbeck


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Comments

because atl's readership dwarfs the ap, the seattle media, and drudge's combined!

Maybe the judge was just a fan of "Alien Nation"

Im shocked at this judge....even Judge Judy wouldnt have done that!!!!
For a man that was voted in as a judge....welll.....count your days...and hope you dont come down with a health issue like this woman has.
I am litteraly sick to the stomache when someone who thinks they are a GOD....and are just a peon that is lucky enough to be in a position to judge his peers....but to do what he did is beyond a justice call. You are there to SERVE the people...not embarrass them...
And....I dont believe you are truly sorry...I think you are already hoping to get the votes back that you KNOW you are going to lose...
You make me sick....

Im shocked at this judge....even Judge Judy wouldnt have done that!!!!
For a man that was voted in as a judge....welll.....count your days...and hope you dont come down with a health issue like this woman has.
I am litteraly sick to the stomache when someone who thinks they are a GOD....and are just a peon that is lucky enough to be in a position to judge his peers....but to do what he did is beyond a justice call. You are there to SERVE the people...not embarrass them...
And....I dont believe you are truly sorry...I think you are already hoping to get the votes back that you KNOW you are going to lose...
You make me sick....

2:43 - No, but ATL is the only one that allows comments (the vilification referred to by the judge).

Judge was right to take hairpeice off cancer "victim". If you get cancer you deserve to be publicly shamed... teach others not to smoke and to eat healthier. This would never happen if we had universal healthcare!

He's not sorry, just embarrassed. He’s as classless as she is hairless.

Rules are rules... but only if the public agrees with them?

What if I have a bald spot? That is embarrassing. This is ridiculous, she had cancer and could have worn a wig. Instead she wore an outrageous knit cap that distracted everyone and made judge look like he had no control over courtroom. What if a woman just shaves her head -- ala Britney Spears - or loses a bet and shaves head. Then we have to assume she is allowed to wear whatever silly accoutrement she chooses to don in court? What if a man has cancer and loses is hair? What if he DOESN"T have cancer and loses his hair, this is CRAP! ATL is perpetuating the "victim" mentality. Judges should not be reading this crap blog and its crappy comments. (except mine).

does this mean she is "bald" everywhere? hot! oh, she has cancer...hmmm... mixed bag then.

I'm bald. Does this mean I can wear my Fedora into court?

does this mean she is "bald" everywhere? hot! oh, she has cancer...hmmm... mixed bag then.

does this mean she is "bald" everywhere? hot! oh, she has cancer...hmmm... mixed bag then.

What if I wore a jimmy hat to jury duty, would I have to take it off in his courtroom? Becuase that would be pretty embarrassing!?

what the PISS is wrong with Lat's ghetto servers and the slow response time?!?! Is he running this operation out of his mom's basement?!?

3:08: What is a "jimmy hat"?

2:59 pm... No. Drudge's decision simply to post the article on his site represents vilification. (He doesn't just link to any old article that comes across the wire). Drudge posting it then leads to just about every regional paper in the country deciding to run it. This story wouldn't have spread if people didn't see the judge's action as an affront to common decency. Also, most online papers I've seen recently allow readers to post comments online at the end of the article. Not that I actually care, but anyway.

"3:08: What is a "jimmy hat"?"

It's a hat for your jimmy. Duh.

Those of you who disagree with the judge's initial act of telling her to leave the courtroom - even assuming he knows she has cancer (which he apparently didn't inititally) what is the proper response here?

"What the PISS" is a bit of an odd expression-- never heard that one before. And it doesn't have as much of a ring to it as "hell" or "fuck," does it? "Piss" isn't even much of a vulgarity, really; it sounds more like you're mildly annoyed, though perhaps the use of caps adds a bit of emphasis. On the other hand, the caps underscore the oddity of the chosen profanity in that context.

Well, he was wrong and at least apologize. He'll have to deal with the political fallout over this. That's the consequences of speaking before you know what you're talking about. I feel bad for the poor lady. I hope God heals her!

Well, he was wrong and at least he apologized. He'll have to deal with the political fallout over this. That's the consequences of speaking before you know what you're talking about. I feel bad for the poor lady. I hope God heals her!

Well, he was wrong and at least he apologized. He'll have to deal with the political fallout over this. That's the consequences of speaking before you know what you're talking about. I feel bad for the poor lady. I hope God heals her!

I think it was my comment that was responsible for the change of heart

The proper response, once you find out she has lost her hair due to cancer, is to allow her to keep the hat on.

3:25 - The proper response, once you find out she has lost her hair due to cancer, is to allow her to keep the hat on.

um, rickoh, he's a District judge, so he doesn't get voted in. He has his position for life. Also, you write like a retard.

3:32/3,

Somehow I suspect your belief in an invisible man in the sky will not be diminished in the slightest if this lady drops dead tomorrow.

She wasn't wearing a hat. She was wearing a knit cap. Knit caps make one look like a gang banger. The woman was being rude; she could have worn a wig, a non-gang banging hat, or a scarf over her head if she was too embarassed to be bald-headed.

3:38,

He's a *state* district judge. I don't think the Benton County Justice Center is a federal courthouse.

mouse @ 37 - not to get all slipperly slope on you, but doesn't it defeat the purpose of having a court rule if you are going to examine each instance on a case-by-case basis anyway?

3:47,

No.

Well, he was wrong and at least he apologized. He'll have to deal with the political fallout over this. That's the consequences of speaking before you know what you're talking about. I feel bad for the poor lady. I hope a doctor and man-created modern medicine heals her!

You know when I was a kid I asked my mom and dad why the statue of justice had a blind fold on. And in short they said it was because justice, true justice doesn't see color of skin, race, handicaps, APPEARANCE, etc.

So personally I think it's a joke that citizens, who by the way taxes pay for the court houses and everyone's salaries in them, are required to wear specific clothes period.

If justice is truly blind what does it matter what someone is wearing or not? Any argument for decorum is an argument of taste period! And last I checked justice doesn't cater to tastes.

Well thanks for the contribution 3:51. Now it makes perfect sense to me why you'd make an exception in this case. This is really one of those rules that apply only to those people that the Judge wants it to apply to.

Much better to have that blanket discretion so that people can complain about every decision he makes and he can spend all his time deciding who can wear what instead of actually doing the work of a judge.

Well thanks for the contribution 3:51. Now it makes perfect sense to me why you'd make an exception in this case. This is really one of those rules that apply only to those people that the Judge wants it to apply to.

Much better to have that blanket discretion so that people can complain about every decision he makes and he can spend all his time deciding who can wear what instead of actually doing the work of a judge.

Joe, with all due respect, and now remember I'm saying this will all due respect here, you are a fucking retard.

Well thanks for the contribution 3:51. Now it makes perfect sense to me why you'd make an exception in this case. This is really one of those rules that apply only to those people that the Judge wants it to apply to.

Much better to have that blanket discretion so that people can complain about every decision he makes and he can spend all his time deciding who can wear what instead of actually doing the work of a judge.

3:25,
I gave your argument all the respect and consideration it deserves. Judging inherently requires the exercise of discretion precisely because bright-line rules, at least those with any helpful degree of specificity, are incapable of identifying just outcomes for every conceivable situation that may arise. The inflexible application of such rules is an abdication of the judicial office, and when we accept that the judge is required by his office to exercise judgment in applying the rules, it becomes immediately clear that his ruling in this case was an abuse of discretion.

So, in a word, no.

3:51,

The establishment of court rules, such as those pertaining to courtroom attire or the format of submitted papers, exist so that judges can perform their job of excercising judgment in the legal cases actually before them. The judge who wastes his time determining on a case-by-case basis which headwear is appropriate for people visiting his courtroom is the one who isn't fulfilling the duties of his office.

I also find your use of the term "abuse of discretion" odd because it is well within his discretion (which is why the rule is permitted in the first place) and this is not, in any event, something that can be appealed. This woman wasn't before the judge, wasn't a litigant, wasn't an attorney - she was the mother of an accused there for "moral support."

What has happened with society when people start believing it is appropriate to wear headgear in a court room. I don't care if you have cancer or not, it is disrespectful to wear any headgear while in a court room. What about during the national anthem? I believe that he should not be elected again because he caved so easily. If you can't stand up for being right then you have no right to be up on the stand.

They should not play national anthem at sporting events... period. Inflammatory to fans and players from all different countries. What the hell does national anthem have to do with athletics? Why not at movies or concert?

Yea, nothing enrages me as much as when I hear the Canadian national anthem at a hockey game in Ottawa. Very inflammatory.

This lady was a ghetto-gang-banger... this is ridiculous. (They should test to see if she really even had cancer.) Our victim society is out of control. Judge should never question hat-wearers in case it "embarrasses" someone. Give me a break. How did this make news? How do you even report this to news organization "Judge made me leave court, and I have cancer?!" WTF?!

Judges are ruining this country. Instead of following precedent and bringing justice they are busy policing ASCOTS and HATS. If a BOW TIE is acceptable in court then so is a an Ascot. If a yarmulke is acceptable, then so is a do-rag. Justice is blind for a reason... there is actually a blind Fed Appeals court judge.

First this judge should not have apologized. He was right, she was wrong.

Pathetic.

When I was growing up if I walked into a building with a hat on, my dad would knock it off for me.

The reason the Seattle PI is upset about the hat rule is it is about respecting God. The reason you take off your hat is to show reverence to God. The Seattle yobs don't like that. Neither does the mainstream media.

Pathetic, get a wig and obey the rules.

Oh and I suppose her daughter didn't really need her "support", that or the "victim" was just looking for attention. Maybe both.

I'm confused, did 3:25 tell 3:51 to take his hat off, or was it the other way around?
Why don't we just split the difference, call it 3:38, and go home....

Traditionally, women wore hats in court and in church while men had to remove their hats to be polite.

This judge was a petty tyrant and it is good he apologized.

What gives ANYONE the right to legislate & enforce what ANYONE wears on their head?

And if they MUST have their goofy RULES about headgear:
Why don't they have a Court Clerk or someone INSPECTING ALL INDIVIDUALS as they enter the courtroom, and if they are sensitive/nervous about headgear, and find a skinny sick woman wearing a cap/hat, then they could ASK her why she is wearing it, and when she says because my hair fell out due to cancer treatment and my head is COLD, they should say, FINE, YOU GET A FREE PASS ON HEADGEAR.

What a crock of cr*p that so-called "Judge" is!!

I had this judge for a highschool teacher and football coach in the early 1970s. He was arrogant back then, so much so that we called him Knute (after Knute Rockney) because he thought he knew so much. His face would turn red and he would just about explode when he heard us call him this. This fits his MO.

6:05, you are retarded and cannot express your thoughts coherently in writing.

Also, she wasn't wearing a hat because her head was cold, she was wearing a hat because she didn't want to show her bald head.

Why are they allowing this woman to represent her gang in court? Kowtowing to public pressure is why we're losing the WAR ON TERROR!!111

Here is the email I sent to him.
==========================
Judge Hollenbeck,

Wow! You are an ass. You have reaped far more disrespect by this callous treatment of Ms. Williams than could be shown by a thousand people wearing hats in your courtroom. And you may even be in violation of The Americans With Disabilities Act. Gee, I sure hope they toss you from the bench soon, so you can devote all your time to being the hat monitor. You were made a judge, not The Pope.

I look forward with great eagerness to the inevitable news story that tells of karma having had its way with you. That will be a wonderful day indeed.

You sit on your bench and declare that those coming before you are what is causing the decline of society. Why don't you try starting with the man in the mirror? What a cretinous oaf! May your loved ones be treated with the same disrespect as you showed that lady, and soon.

Claiming that you are trying to fend off disrespect implies that respect is due someone such as yourself in the first place. Well, your actions put the lie to that. Enjoy the nationwide scorn that you have brought down upon your own head.

Let's do the math. One lady keeping her hat on to preserve her sense of dignity vs. an entire nation now seeing the name Holly Hollenbeck as being synonymous with ill-bred, anal-retentive cad. Now which of these two things has made you feel more disrespected?

It is even now not too late to issue this lady a huge apology, and then you may be able to salvage some remnants of your former reputation.

But if you persist in your rationalizations, you will be known as the man that likes to kick cancer patients when they're down. Hmm, doesn't really seem like a good career move. What move will you make next, one wonders? Kicking a blind person's guide dog in the ribs? Brilliant!
==========================
And now he has apologized. So I followed up with this email.
==========================
Your Honor,

That was a very wise move to apologize to Ms. Williams, and I applaud you for it. If Don Imus could be forgiven, you should have no problem.

I'm sorry that my last email was so vicious, but I felt obliged to react so strongly, both for her AND your benefit.

Takes a good and wise man to unconditionally apologize like that. I'll keep my fingers crossed for you that your opponents in the next election will be unsuccessful in making political hay out of this incident.

Well, back to business.
==========================
Like I stated, if Imus can be forgiven and get another chance, so can Judge Hollenbeck.

The guy's name is Holly. If you were a guy who grew up with a girl's name, you'd be touchy on the respect issue too.

Wasn't it a judge in Seattle or thereabouts who banned women wearing slacks a few years back? As I recall, the defense was that not wearing a skirt showed lack of respect. Gah.... And, 5:12, I'm basically indifferent to the playing of the national anthem, but I cannot stand "God Bless America" in the 7th inning. Is this a temporary reaction to 9/11, or is now a permanent part of baseball? Ugh.

This is directed towards one person that left a comment on here... you know who you are....My wife doesn't smoke and eats healthy (always has). Breast Cancer at 34. Stage 3 B. No hair during 1 year of heavy Chemo/Radiation. Lost a breast too. Almost cancer free now for 4 years. For those of you that think Cancer is a "chosen" or Wanted life style... I pitty you. I wonder if, you... (you know who I am talking to) are a down winder and have been unknowingly exposed to radiation and might get cancer yourself one day... Oh, I was also a police officer in the Tri-Cities, (locally) and I know Judge Hollenbeck. He is a good man, and a reasonable person. I say this to you Judge, My Hats Off To Ya !

um, 12:43, no one knows (or cares) what you're talking about or who you're talking to.

12:43, you retarded idiot, the poster that god you all riled up was joking.

First my name is Bev Williams and I am the person the judge kick out of his court. I would like to thank everyone for the support you all have been wonderful. Second I would like to say that the hat I was wearing was by no means gang related. I am a 43 year old women who has cancer not some gangbaning person. I was raised to respect everyone and all I require is to be respected to. I did not want to get cancer and this has been a long and hard road. Let me ask you "those that have read rules are rule and gang bangers and mybe i should be tested to see if i really have cancer. Let me ask you ever had to throwup for 5 days at a time and not be able to get out of bed or eat. Ever hurt so bad you dont think you can take it anymore. I used to be a very pretty grandma who nobody would have guess i was. Now I am bald, sick all the time no energy to even play with my grandchildren. I have worked all my life so no I have never been a freeloader. I was embarressed. Thats all. The judge could have handled it quite differently. Not yelling at me with all the court to turn and see. Pointing at the door. Yeah he was very rude to me, why cause i didnt want to show my bald head. And if it would have been handled differently I would have left the court. But screaming and yelling and pointing at the door wasnt the way to handle it. And untill you have walked in my shoes which i hope that is never cause cancer isnt any picnic in the park, then i wouldnt talk crap about others. Everyone else thanks for the support you all are awsome. Bev Williams