Nine Ethics Complaints Against US Judges Sent for Review

Nine ethics complaints against federal judges were referred to special committees for review last fiscal year, according to recently published data—offering a small window into the court system’s otherwise opaque ethics process.

More than 1,300 complaints were filed against judges in fiscal 2023, which concluded Sept. 30, according to data posted by the Administrative Office of the US Courts.

Many of those complaints, which anyone can file, are deemed frivolous or related to an individual’s dissatisfaction with a ruling, and will be dismissed. More than 1,200 complaints were related to the merits of a judge’s ruling or decision, for example.

But in nine instances, the chief judge of the circuit decided to appoint a special committee to review the complaint, indicating those allegations may have more merit, the data showed. Most were in the Eighth Circuit.

In fiscal 2022, three complaints were referred to the special committee, and fiscal 2021 and fiscal 2020 each saw four such referrals. Still, it is not a total outlier. In fiscal 2019, 10 complaints were referred to a special committee, according to public data.

The judiciary’s database doesn’t disclose the content of complaints, nor who is named. After a complaint is referred, the committee submits a report to the Judicial Council, which may issue an order.

The annual report’s release follows a year of heightened scrutiny of federal judges, after press reports about Supreme Court justices—who aren’t subject to this complaint process—accepting undisclosed gifts from donors.

The high court adopted its own code of ethics under public pressure and Democratic lawmakers have proposed bills that would enforce a binding code on the justices.

The lower courts have also seen several highly publicized ethics scandals. Texas bankruptcy judge David R. Jones resigned last year after the Fifth Circuit issued a formal complaint related to his undisclosed romantic relationship with a top bankruptcy attorney.

Fourth Circuit officials are also facing sexual harassment claims from a former public defender, whose case went to trial in December.

Eighth Circuit

Six of the complaints referred to a committee in the latest report were filed against judges within the Eighth Circuit, which covers federal trial courts in Minnesota, Arkansas, Iowa, Missouri, Nebraska, and North and South Dakota.

Two were lodged against judges serving within the Ninth Circuit, the nation’s largest federal circuit that covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington state.

One entry was filed in the Federal Circuit, which presumably refers to the complaint against Pauline Newman, the oldest active federal appeals court judge at 96 who was suspended following concerns about her mental fitness.

Additionally, four complaints were initiated by chief circuit judges, including one in the Federal Circuit—likely the Newman case—and three in the Ninth Circuit. It’s unclear how many of the judge-identified complaints are among those referred to the special committee.

Complaints may be filed against appeals court judges, district judges, magistrate judges, bankruptcy judges, and judges on the Court of Federal Claims and Court of International Trade. And they could cover a range of ethics allegations, including sexual misconduct, financial disclosure violations, discrimination, partisan political activity, and creating a hostile work environment, among other issues.

Gabe Roth, executive director of transparency watchdog Fix the Court said it’s “hard to glean a lot of information” from the report directly.

“I understand the desire to not air dirty laundry. But in a judiciary with this much power, with this many employees, with a history of issues, especially in the harassment sphere, you’re going to want to identify and remove the bad apples, and not just have it shrouded in a very difficult to read spreadsheet,” he said.

Total Complaints

Though it’s unclear which complaints were referred to special committees, the annual report paints a broader view of the types of complaints filed against judges.

Six of the complaints included allegations of “unwanted, abusive, or offensive sexual conduct,” a category that was first included in the judiciary’s fiscal 2020 report. Those claims were spread across the Second, Fourth, Fifth, and Ninth Circuits, according to the report.

Seven complaints from last fiscal year accused judges of financial disclosure violations, and 14 included accusations that a judge accepted a bribe, gift, or favor.

Some complaints may be duplicative, and each complaint may include multiple different categories of accusations.

More than half of the complaints filed in fiscal 2023 were raised by litigants, and more than a third of the total complaints were submitted by prison inmates. Nineteen complaints were filed by attorneys and three complaints by judicial employees, while 32 are uncategorized.