Pennylvannia Supreme court justice J. Micheal Eakin was suspended with pay and benefits by pennsylvania's account in the fictious name of "john smith." Using the account eakin shared emails including some that joked aboutslapping a female employee's backside and about a woman beaten black and blue by her husband. The private email address contained information degrading to women, gays and racial minorities. Two of theemails included sexually suggestive comments about eakin's female secretary and his female manager. Many of the emails were sent to other government employees and some were sent fom his work computer. Eakin contends that he did not intend for the emails to become public. Eakin responded,"perhaps my demeanor is the one of the boys, but what i sent was to people who were also one of the boys.It was in the locker room. He argues that the emails have "nothing to do with (his) perfomance on the job". Pennsylvania's court of judicial discipline sait it "is deeply and profoundly troubled by even a remote possibility that the patently discriminatory and offensive views and attitudes expressed "may have impacted justice Eakin's judicial work." According tp Pennsylvania's judicial canons judges must avoid "both impropriety and the appearance of impriopriety in their professional and personal lives [while always showing] independence, fairness, impartiality, integrity and competence". It is intersting to note thar a year earlier the judicial conduct board examined the emails available at the time and concluded that they did not violate any rules for judicial conduct.

Assume that the issue of Justice Eakin's discipline has been filed in your court. How would you decide the case, and explain your points based on employment law principles outlined in the chapter.