On Wednesday, December 18, 2024, Reuters reported that a federal judge has been found to have violated judicial ethics by publishing an essay in the New York Times that criticized U.S. Supreme Court Justice Samuel Alito. The essay, written by Senior U.S. District Judge Michael Ponsor from Springfield, Massachusetts, addressed Alito’s display of provocative flags, including an upside-down American flag, at his residences in Virginia and New Jersey.
Judge Ponsor’s essay, published on May 24, 2024, claimed that any judge with reasonable ethical standards would recognize the act of flying such flags as “improper” and “dumb.” His comments followed media reports about Alito’s homes displaying flags associated with supporters of then-President Donald Trump during the January 6, 2021, U.S. Capitol riot.
The Article III Project, a conservative advocacy organization led by Trump ally Mike Davis, filed a judicial misconduct complaint against Ponsor, asserting that he was the one violating ethical standards. The case was subsequently transferred from the Boston-based 1st Circuit Judicial Council to the 4th Circuit Judicial Council in Richmond, Virginia, where Chief U.S. Circuit Judge Albert Diaz conducted the review.
In a ruling issued on December 10, Judge Diaz determined that Ponsor’s public criticism of a Supreme Court justice undermined public confidence in the judiciary. He pointed out that the essay’s political implications conflicted with the Code of Conduct for U.S. Judges, which prohibits public commentary on the merits of pending cases. Although Ponsor’s essay did not reference any specific case, Diaz noted that it coincided with calls for Justice Alito to recuse himself from two cases related to the Capitol riot, which Alito ultimately chose not to do.
The cases in question included Trump’s appeal for immunity concerning efforts to overturn the results of the 2020 presidential election. The Supreme Court ruled in July that Trump could not be prosecuted for actions taken within his presidential authority, and the case was dismissed after he won the November 5 election.
In a letter dated November 20, attached to Diaz’s order, Ponsor expressed regret for his actions, acknowledging that he did not intend to breach the ethical guidelines but recognized that his essay was inappropriate. He stated that moving forward, he would seek guidance from a judicial panel before engaging in any public writing.
Source: Reuters
