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Tuesday, September 8, 2026

Inquiring Minds

We have witnessed some regrettable behavior from judges over the years. I have striven to highlight some of that here from time to time. One of the recent examples was the judge who engaged in amorous interactions in chambers during work hours. I pointed out that the judiciary's attempt to maintain anonymity was a disservice to all the other federal judges who did not display such contempt and disregard. See Lessons from Poor Behavior (May 2026).

That post noted that supposition and process of elimination likely identified the offender anyway. By early June 2026, the cat was fully out of the bag, and Judge Eleanor Ross of the Northern District of Georgia was in the spotlight. Remember that the punishment imposed for the office tryst was a private reprimand, an agreement that she would not seek chief judge status, and her commitment to write apology letters to those who had to witness the sophomoric behavior.

The public reaction to the whole incident was mixed, from outrage to shrugged shoulders. Any remaining hint of anonymity disappeared when the apology letters became public. Note that the judge expressed regret for her actions and misrepresentations, but in retrospect, one of her greatest concerns was how she might word those apologies to best avoid anyone being critical about her behavior.

The American Bar Association (a private trade group to which some lawyers belong) reported in June that the "initial letters that she'd written" were featured in media reports. The letters were described as "a nonspecific three-line apology letter," perhaps fulfilling that prime directive of apology without risking real contrition or identification.

Judge Ross later provided new letters. Because they were after that media coverage, some will likely question the sincerity, but they were seemingly apologetic nonetheless. She wrote:
“My initial letter was entirely deficient, as I did not take full accountability for my actions, and I failed to give you the apology that you deserve.”
Since the story of the in-chambers dalliance broke, Representative Fuller Clay has introduced articles of impeachment. Representative Andrew Clyde has as well. Bloomberg reported that "federal judges are a privileged group," protected by the Constitution and ensconced in their own branch of government that is purportedly coequal.

All that said, the judiciary is also co-dependent. It relies on the Legislative and Executive for funding. Its processes and foundations are a mixture of inherent judicial authority and statutory constructs, all of which are subject to change through the legislative, and thus political, process.

The Bloomberg coverage laments that there are character failures in the judiciary "ranging from ethical violations to unlawful harassment to crimes." It describes the indiscreet exploits of Hon. Eleanor Ross and claims popular opinion that the discipline process is imperfect in light of the Constitutional constraints in the form of judicial independence.

Written by a former federal appellate chief judge, the Bloomberg piece is, essentially, an explanation of the purported discipline process and a defense of its efforts in the case of Judge Ross. It is an interesting read. The author concludes that federal judges who lie to their superiors are appropriately retained if they are genuinely remorseful about their lies.

Having just celebrated 250 years since declaring independence, and now achieving 243 years of nationhood without much similar hoopla, America is now a long-standing nation, with most of the world having seen significant change in foundations over the last 100 years. See Another Birthday (July 2026). 

The Federal Judicial Center keeps records of the ultimate accountability for federal judges. It notes that in this significant history, there have been very few impeachment votes (15), and fewer (8) convictions/removals. Some estimate that about 4,000 have served in the federal judiciary over those years. If that is accurate, then (8/4000) is an incredibly small percentage (.002%).

Time will tell if there is continued furor over the behavior and words of Judge Ross. Some will remain disturbed, and others' memories will fade as the next news cycle evolves. 

Whether she ever joins the 15 or the 8, she has brought difficulty to the judiciary. Despite the care and conclusions in the Bloomberg article, some will likely conclude that the Eleventh Circuit Council's disciplinary decision has perhaps not fully ameliorated that damage.