A conservative judicial advocacy group has filed an ethics complaint against a third Democratic-appointed judge who reversed their retirement plans after Donald Trump’s election win on November 5. The complaint targets Judge James Wynn Jr. of the US Court of Appeals for the Fourth Circuit.
Judge Wynn had previously announced plans to take senior status, a form of semi-retirement, upon the confirmation of his replacement. However, he reversed his decision earlier this year. The complaint, filed with the Judicial Council of the Fourth Circuit, calls for an inquiry into Wynn’s decision to remain in his position.
The Article III Project, responsible for the complaint, has previously targeted other judges for similar actions. U.S. District Judges Max Cogburn in North Carolina and Algenon Marbley in Ohio, both appointed by Democrats, have also decided to assume senior status following the presidential election. Their decisions have drawn sharp rebuke from top Republicans, who criticized the “un-retirements” as overt partisanship.
Ethics complaint targets judge’s decision
Senate Republican leader Mitch McConnell called the decisions by Cogburn and Marbley to hold off on senior status “bold Democratic blue where there should only be black robes.” Additionally, the conservative Article III Project, founded by Trump ally Mike Davis, filed judicial complaints against all three judges. However, legal experts argue that strategic retirements based on which party controls the White House have become more common in recent decades.
“There are all sorts of personal considerations for when someone feels ready to retire,” said John P. Collins, a law professor at George Washington University with expertise in judicial nominations. “As recent data shows, the party of the president who will appoint the replacement is clearly a factor.”
A study published in the Minnesota Law Review found that judges are increasingly taking senior status at politically advantageous times.
Under former President George W. Bush, over 70 percent of federal judges seeking senior status were appointed by a Republican president. This increased to more than 80 percent during Trump’s administration, and about 65 percent of judges taking senior status early in Biden’s administration were appointed by a Democratic president.
This situation adds to the ongoing tension within the judiciary regarding retirement and semi-retirement decisions influenced by political changes. The federal judiciary has been under scrutiny from multiple fronts, especially in light of recent politically charged cases.
Noah Nguyen is a multi-talented developer who brings a unique perspective to his craft. Initially a creative writing professor, he turned to Dev work for the ability to work remotely. He now lives in Seattle, spending time hiking and drinking craft beer with his fiancee.
