On Tuesday, December 17, 2024, Reuters reported that a group associated with Donald Trump has filed a judicial misconduct complaint against a federal appeals court judge who recently reversed his decision to retire. The complaint was lodged by the Article III Project, an organization led by Mike Davis. This action came shortly after U.S. Circuit Judge James Wynn informed the White House that he would no longer be stepping down from his position on the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia.
Wynn, who was appointed by former Democratic President Barack Obama, had initially announced his intention to take senior status—a semi-retirement status that opens a vacancy for presidential appointment—earlier in January. His plans changed without a public explanation in a letter sent to the White House on December 13. This reversal has drawn attention as Wynn is the third judge appointed by a Democratic president to withdraw retirement plans since Trump’s election victory on November 5, 2024.
The Article III Project’s complaint, submitted to the 4th Circuit Judicial Council, claims that Wynn’s decision violated Canons 2 and 5 of the Code of Conduct for U.S. Judges. Canon 2 mandates that judges act in a manner that upholds public confidence in the judiciary, while Canon 5 advises judges to refrain from political activities. The complaint suggests that Wynn’s change of heart was influenced by the outcome of the 2024 presidential election, noting his prior public retirement celebration in March 2024, which included remarks from Obama.
Wynn’s decision to remain in active service follows the withdrawal of Biden’s nominee to succeed him, North Carolina Solicitor General Ryan Park, whose chances of Senate confirmation diminished significantly. The political landscape shifted after a deal between Senate Democrats and Republicans allowed votes on some of Biden’s remaining trial court nominees while shelving four appellate court nominees, including Park.
Republican Senator Thom Tillis criticized Wynn’s actions as “brazenly partisan,” while outgoing Republican Senate Leader Mitch McConnell expressed expectations of “significant” ethics complaints against the judge. McConnell also indicated that he anticipates the Trump Justice Department will seek Wynn’s recusal in future cases.
The Article III Project has previously filed similar misconduct complaints against two other judges, U.S. District Judge Max Cogburn from North Carolina and U.S. District Judge Algenon Marbley from Ohio, who also rescinded their retirement plans after the election.
Source: Reuters
