4th Circuit judge's 'unretired' decision leads to ethics complaint by conservative group
The latest judge to change his plans regarding senior status is Judge James Wynn of the 4th U.S. Circuit Court of Appeals at Richmond, Virginia. (Image from Shutterstock)
A conservative group has filed a judicial misconduct complaint against a third judge who revoked plans to take senior status after it became clear that a successor would not be confirmed before President-elect Donald Trump takes office in January.
The latest judge to change his plans is Judge James Wynn of the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, report Reuters, Law.com, Bloomberg Law and Original Jurisdiction. How Appealing links to additional coverage.
The complaint filed Monday by the Article III Project, a conservative group, concludes that Wynn likely rescinded his retirement because of the outcome of the 2024 election, amounting to political activity that is banned by the Code of Conduct for U.S. Judges.
The Article III Project website says the group was founded by Mike Davis, a Trump ally, to fight “leftist lawfare.”
Wynn, an appointee of former President Barack Obama, announced his “unretired” decision (in the words of Original Jurisdiction) after Democrats and Republicans reached a deal on pending judicial nominees. The pact provides that the U.S. Senate won’t hold votes on four of President Joe Biden’s appeals court nominees while advancing Biden’s district court nominees.
Wynn had made his change to senior status contingent on the confirmation of a successor. Judges can take senior status, which allows them to reduce their caseload, if they are older than age 65 and have been on the bench at least 15 years. The transition allows confirmation of a replacement.
The Article III Project also filed ethics complaints against two other judges who revoked plans to take senior status. They are U.S. District Judge Algenon L. Marbley of the Southern District of Ohio, an appointee of former President Bill Clinton, and U.S. District Judge Max O. Cogburn Jr. of the Western District of North Carolina, an Obama appointee.
