Some notable cases of judicial misconduct in Seattle, Oregon, New York City, and elsewhere have approached or crossed the threshold of impeachable offenses.
In Seattle, one of the most publicized issues involved judicial oversight of the Seattle Police Department. While not directly an impeachable offense, the case underscores systemic issues that can lead to misconduct. A federal judge in 2023 decided to end most judicial oversight of the Seattle Police Department, which had been under a consent decree due to allegations of excessive force and racial bias. This decision raised concerns about the accountability of judicial oversight and whether the judge's decision to lift oversight prematurely could be seen as neglecting judicial duty to ensure public safety and rights protection. Though not an impeachable offense in itself, such actions can contribute to broader narratives of judicial impropriety in managing significant public responsibilities.
Next door In Oregon, the case of federal agents patrolling Portland in 2020 during protests highlighted judicial decisions that touched on civil liberties. Judge Michael W. Mosman's ruling against Oregon's attempt to restrict federal agents' actions did not directly involve impeachable conduct but sparked a debate on judicial roles in protecting constitutional rights. The decision to not grant a temporary restraining order against federal agents' activities was seen by some as potentially enabling unconstitutional actions, although it was framed legally around the issue of standing rather than direct misconduct.
In 2020, during the Portland protests, Judge Mosman was involved in a significant case where Oregon Attorney General Ellen Rosenblum sought to limit federal law enforcement tactics. Judge Mosman dismissed the state's request for a temporary restraining order, focusing on the issue of standing rather than the content of the actions. While this decision was controversial and did not involve direct misconduct, it highlights the complex role judges play in balancing state and federal powers, which can be contentious and lead to public scrutiny.
New York has had more explicit cases of judicial scandal. In 2019, Judge Sylvia Ash of Brooklyn Supreme Court was charged with obstruction of justice for allegedly deleting text messages and making false statements during a federal investigation into a nonprofit financial institution where she served as a board chair. This incident directly aligns with what could be considered "high Crimes and Misdemeanors" under the Constitution's impeachment clause, as it involves the obstruction of justice, a serious federal offense.
In 2019, Judge Ash, serving on the Brooklyn Supreme Court, was charged with one count of conspiracy to obstruct justice and two counts of obstruction of justice related to her actions as the chair of the board for the Municipal Credit Union. She allegedly deleted text messages and made false statements during an investigation into the institution's practices. This case directly aligns with potential impeachable offenses as it involves criminal acts like obstruction of justice.
While not directly involved in an impeachable scandal, Judge Merchan has been at the center of high-profile cases, including Donald Trump's hush-money case in 2023. Trump's complaints about Merchan's impartiality, due to his daughter's political affiliations, led to discussions about judicial ethics and potential conflicts of interest, though no formal misconduct was found by judicial ethics panels.
In early 2025, Judge Engelmayer was embroiled in controversy when he issued a preliminary injunction blocking Elon Musk's Department of Government Efficiency (DOGE) from accessing Treasury Department records. Musk's public outcry and call for Engelmayer's impeachment over this ruling illustrate how judicial decisions can lead to allegations of misconduct, although this case largely reflects political disagreement rather than legal wrongdoing.
Nationally, there have been instances where judicial misconduct has led to or could lead to impeachment. For example, the historical case of Judge Samuel B. Kent, who was impeached in 2009 for sexual assault, obstruction of justice, and making false statements, shows how severe misconduct can lead to the rare act of impeachment. Similarly, Judge G. Thomas Porteous Jr. was impeached in 2010 for bribery and false statements, setting a precedent for how the judiciary must be held accountable.
Impeached in 2009 for sexual assault, obstruction of justice, and making false statements. Judge Samuel B. Kent (Texas) resigned before his Senate trial, but his case is a textbook example of judicial misconduct leading to impeachment.
Judge G. Thomas Porteous Jr. (Louisiana) was impeached in 2010 for bribery, false statements, and other ethical violations. The Senate convicted him on four articles of impeachment, leading to his removal from office.
In 1936, Judge Halsted L. Ritter (Florida) was impeached for various charges, including bribery and improper conduct. His case marked one of the few instances where the Senate voted to remove a judge for non-criminal behavior, focusing on the "good behavior" clause.
Beyond these high-profile cases, there are systemic issues like those uncovered by Reuters in 2020, which found that thousands of judges across the U.S. had escaped public accountability for various misdeeds. These included instances of judges engaging in criminal behavior, abuse of judicial power, or failing to uphold judicial ethics, which, while not leading to impeachment, illustrate the broader landscape of judicial misconduct that could, in severe cases, be deemed impeachable.
Impeachment of federal judges is rare, reflecting both the high standard for such actions and the protective nature of lifetime tenure. However, when judges engage in criminal behavior, abuse their power, or significantly fail in their judicial duties, the mechanism of impeachment stands as a constitutional check on judicial authority. The cases from Seattle, Oregon, New York City, and other locales illustrate a spectrum of judicial behavior, from questionable decisions that impact public trust to outright criminal conduct that clearly merits impeachment considerations.
The integrity of the judiciary hinges on public trust, which can be severely compromised by scandals. These instances serve as reminders of the importance of judicial accountability, the necessity of upholding "good behavior," and the critical role of the impeachment process in maintaining the balance of powers within the American government. As public scrutiny increases, ensuring that judges adhere to the highest ethical standards not only preserves judicial independence but also ensures that the judiciary remains a beacon of justice and fairness in society.
Editorial comments expressed in this column are the sole opinion of the writer