Crime, Law and Justice

Justice Department files complaint against MN judges who gave interviews about ICE surge

By Dan Rosenzweig-Ziff | Reuters

The U.S. ​Justice Department filed a judicial misconduct ‌complaint on Wednesday against judges in Minnesota who gave interviews to the New York Times about the immigration surge there, ​alleging it was unethical and partisan.

In ​September, judges in Minnesota told the ⁠Times that the Trump administration had a "disregard ​for court orders" and its actions threatened ​the rule of law. Two did so on the record.

The judicial misconduct complaint called the judges' conduct "particularly ​egregious."

Attorney General Todd Blanche called the ​fact that the judges spoke to the media a "clear ‌violation ⁠of their ethical duties" and criticized them for commenting on pending cases. He also asked the judges to recuse themselves ​from any case ​involving ⁠the Department of Homeland Security, alleging they had bias against the ​administration.

It is unusual for sitting ​judges ⁠to comment on the record about cases, particularly those in the news.

The complaint was ⁠signed ​by the second- and ​third-ranking officials in the Department of Justice.

In a statement to MPR News, Judge Patrick Schiltz said he was acting “well within the ethical rules that apply to federal judges in speaking to the New York Times. Indeed, in February of this year, the Committee on Codes of Conduct issued an advisory opinion to emphasize that federal judges may 'speak[] and writ[e] on core judiciary matters such as advocacy for the rule of law and judicial independence.’ That is exactly what I did."