ATLANTA (AP) — A federal judge had an extramarital affair with a high-ranking police officer — including having sex in the judge’s chambers that was overheard by staff — and initially lied about the actions but remains on the bench after receiving a “private reprimand,” according to an investigation by the court system.
The Judicial Council of the 11th Judicial Circuit, which includes Alabama, Florida and Georgia, said in a February order that the judge would receive a private reprimand. The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States last week affirmed that order.
The judge’s name and court location within the 11th Circuit were not disclosed, and The Associated Press was unable to confirm the judge’s identity.
Federal judges are appointed for life but can be subject to disciplinary action, including censure, public or private reprimands and temporary withholding of cases. They can only be removed through impeachment by Congress.
According to the investigation, the judge and the unidentified officer had “sexual intercourse in the judge’s chambers during business hours within hearing distance of staff” and that the judge went to a partisan political event. The judge initially called the allegations “outrageous” and denied them.
In deciding to impose a private reprimand that kept the judge’s name secret, the committee said it took into account that the judge recanted the false statements. The committee also found that the judge was unlikely to engage in similar misconduct in the future, noting that the judge had ended the relationship and committed to avoiding partisan political events in the future. And the committee took into account the judge’s “otherwise exemplary service to the court.”
“Although the special committee is deeply troubled by the conduct in which the judge engaged, the Subject Judge has demonstrated a strong propensity for rehabilitation and continued diligent service to the judiciary,” the committee’s report says.
Lester Tate, a lawyer who often defends Georgia judges facing misconduct in the state judicial system, said the punishment feels like a “slap on the wrist.”
“I’m shocked that there was not a more severe punishment for the false statements that were made by this judge during the course of the investigation,” he said, adding that he always advises his clients that it is best to tell the truth.
A person who is appointed for life and sits in judgment of others needs to be honest about their own flaws, and most people would likely find “being held up for a little public scorn” appropriate in this case, Tate said.
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The genesis for the investigation was one of the judge’s law clerks reporting the judge had engaged in sexual activity with an officer on multiple occasions in the judge’s office. It also was alleged the judge didn’t properly supervise clerks and on one occasion yelled and cursed at staff.
William Pryor, chief judge of the 11th Circuit, asked the judge to respond to the allegations. The judge replied the same day and “specifically denied” each allegation. In a follow-up email the next day, the judge speculated to Pryor that the law clerk may have invented things in retaliation for being required to work in the office. Pryor appointed a special committee to investigate.
The committee’s review of logs and security footage showed an officer had frequently visited the judge’s chambers in uniform around lunchtime. Six clerks recalled seeing someone who fit the officer’s description, with three remembering overhearing what may have been sexual activity in the judge’s office.
Three clerks remembered bringing summer interns on their first day to watch the judge presiding over a hearing in a criminal case. Right after that, they told the committee, the judge declined to have lunch with the interns, acknowledging having too many martinis the night before at a primary election victory party for a district attorney friend.
The clerks said the judge didn’t provide sufficient guidance and “rarely, if ever, substantively edited civil orders the clerks drafted.” While clerks described an “eggshell culture,” the committee didn’t find evidence of abusive behavior.
The judge ultimately admitted to having an extramarital sexual relationship with the officer but denied the allegations about mistreatment of staff, the committee wrote. The judge acknowledged to the committee having gone to a “mixer” of former employees of a district attorney’s office, where the judge used to work, but said it was in a separate room from the victory party.
The judge also agreed to write apology letters to six former law clerks, not to accept the position of chief judge of the district when eligible and to refrain from serving on any Judicial Conference committee.
