‘Birther’ judge accused of making crude and racist comments is still on the bench. For now.

When Gary Kreep was campaigning for a judicial post in San Diego County, he was involved in political activities challenging President Obama’s citizenship and called for an investigation into Obama’s long-form birth certificate, documents say.

After he became a judge, Kreep was known for insulting defendants, commenting on the physical appearance of female attorneys, and making unnecessary references to people’s ethnicity during court hearings, documents say.

The San Diego Superior Court judge, who is also a conservative activist, is facing possible removal from the bench. According to the California’s Commission on Judicial Performance, Kreep’s alleged conduct during his 2012 candidacy and his behavior during several hearings in 2013 violated the state’s rules on judicial ethics.

A notice of formal proceedings, which details charges against Kreep, was filed last week.

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The 17-page document detailing the charges against Kreep also lists several instances in which he made crude remarks in his courtroom, where he presided over traffic and misdemeanor cases as well as civil lawsuits.

In 2013, for instance, Kreep asked a woman accused of prostitution if there was anything he could do to get her “out of the life.”

“Is it you like the money? Or you just like the action?” Kreep asked the woman during a plea hearing, documents say.

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