A Hamilton judge who wore a pro-Donald Trump hat to court the day after the U.S. election and declared his support for the new president will face a public discipline hearing.

Ontario court Justice Bernd Zabel was reported to have shown up for court on Nov. 9 wearing a red "Make America Great Again" baseball cap.

He apologized days later, saying the hat was an attempt at humour and not meant to be political.

"What I did was wrong. I wish to apologize for my misguided attempts to mark a moment in history by humour in the courtroom following the surprising results in the United States election," he was quoted as saying in court Nov. 15.

"This gesture was not intended in any way as a political statement or endorsement of any political views, and, in particular, the views and comments of Donald Trump. I very much regret that it has been taken as such."

Several weeks later, the Star obtained a certified transcript of comments Zabel made in court at the very end of the day on Nov. 9.

"Brief appearance with the hat. Pissed off the rest of the judges because they all voted for Hillary, so. I was the only Trump supporter up there but that's okay," Zabel said, according to the transcript.

The difference between those comments and the apology are highlighted in a complaint submitted to the Ontario Judicial Council, an independent body that investigates provincial court judges: "The public statement given by him on Nov. 15, 2016 about his conduct was not consistent with comments he made in court on Nov. 9, 2016."

Zabel, appointed in 1990, has not been hearing cases since December.

His decision to wear the hat led critics to question his impartiality, a crucial requirement for judges, and several groups and individuals have filed complaints with the judicial council.

Some questioned whether members of groups attacked by Trump, including Muslims, immigrants and women, would be treated fairly if they appeared before Zabel.

"His Honour's conduct negatively impacted the confidence of members of the public in his ability to carry out his judicial duties fairly, impartially and without bias or prejudice," reads a summary of the complaints submitted to the council.

"His Honour's conduct compromised the public's perception of the independence of the judiciary from politics and constituted a statement about his political views and those of his judicial colleagues."

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His discipline hearing is set to begin Aug. 23 in Toronto, and will be heard by a panel comprising a judge of the Ontario Court of Appeal, a judge of the Ontario Court of Justice, a lawyer and a community member.

If found guilty of judicial misconduct, penalties range from a reprimand, to a paid or unpaid suspension, to a recommendation to the attorney general that the judge be removed from office.