Earlier this week, I thought the Judge Ross scandal had reached its terminus. Indeed, I had to give Judge Ross credit. She conned her colleagues so many times, yet they kept giving her more chances.
She brazenly and repeatedly had sex in her offices within in moaning distance of her law clerks. None of her colleagues knew. When confronted, she lied about it repeatedly. She tried to obstruct the investigation by blaming her law clerk, who had the courage to blow the whistle. But after Judge Ross was caught–and she certainly knew she would be caught–she was given a second chance to correct the record. With this chance to unstain her reputation, Judge Ross finally came clean (unlike her couch).
The Eleventh Circuit was persuaded by her genuineness, looking past the fact that she had brazenly lied to them before. (If any law student is found to have made a material lie once, they are expelled and have no chance of ever sitting for the bar.) Rather than giving Judge Ross a public reprimand she so justly deserved, she was given a third chance and offered a private reprimand. After all, she expressed remorse and wanted to be rehabilitated. We all know that liars and adulterers mend their ways and never do it again, right?
The punishment was not a punishment at all. She gave up administrative responsibilities that, frankly, most judges don’t really want. And she offered to write “vague” apology letters. The Judicial Council did not condition the private reprimand on the contents of the letter. Once again, the Judicial Council trusted an inveterate liar who had sex on the public fisc. This was her fourth chance, which she would waste.
Even after her story blew up and made international headlines, Judge Ross still had no remorse. Did Judge Ross take this chance to offer a sincere and genuine apology to her clerks. No, not even close. She wrote an offensive letter with offered zero contrition. The courageous law clerks once again spoke up charging that Judge Ross did not fulfill her sweetheart deal.
Did the Chief Judge of the Eleventh Circuit finally decide that Judge Ross abused the terms of the private reprimand, and throw the book at her? No, Judge Ross got yet a fifth chance to offer a new apology letter. Finally, Judge Ross (or ChatGPT) put together a letter that acknowledged her conduct. She escape consequences once again.
The judicial misconduct process is not being enforced in a consistent manner. Some judges who did nothing wrong have been put through purgatory. Other judges who engaged in actual misconduct receive an endless supply of second chances.
Judge Ross lacked any remorse, and the Chief Judge of the Eleventh Circuit gave her one too many chances to correct the record
Let me put this in perspective that all judges can understand.
When a suspect make a false statement to the FBI and obstructs the investigation, they do not get a chance to correct the record, they get indicted.
When a defendant makes an insincere apology during sentencing, they do not get leniency, they are called unremorseful and suffer the consequences.
When a defendant violate the terms of supervised release, they do not get five do-overs, they get remanded to custody.
Judges have had their careers ruined because of vindictive Chief Judges with agendas. By contrast, Judge Ross had kid glove treatment.
Judge Ross should be treated like the miscreant she is, and should not be given an unlimited number of second chances. She cannot credibly exercise the judicial power.
Judge Ross needs to be impeached. And Congress needs to review the vast discretion that Chief Judges are abusing.
