The most significant penalty the Eleventh Circuit imposed on Judge Eleanor Ross for having sex in chambers, exposing the court to an extortion risk, and then lying about it, was to write her clerks and apologize. And even that punishment came with a hefty caveat, as Judge Ross asked to be allowed to write the letters vaguely enough that they couldn’t be used to expose what happened. Her fellow judges, who tried to keep the whole thing under wraps as a private reprimand, agreed.
Alas, those plans to conceal Judge Ross’s identity fell apart quickly. Eleventh Circuit Chief Judge William Pryor once described me as “one of the great journalists of our time at a venerable institution for investigative journalism,” so it was always foolish of him to think we wouldn’t crack this code within an hour.
After Judge Ross’s three-sentence letters went public, she faced renewed furor over violating the spirit of her already meager punishment. This prompted Chief Judge William Pryor, who signed off on the original punishment, to write Judge Ross to determine if her letters amounted to a separate violation. After Ross penned new, more detailed letters, Pryor has decided there’s no harm, no foul.
Sort of like how the original inquiry decided she lied to investigators, but told the truth after it didn’t matter. By the time Ross got honest, the investigation team had reviewed the security footage, interviewed clerks, held simulations to see what could be heard from inside chambers, and already sent her furniture over state lines for laboratory testing. There was hardly anything left to confess at that point. Nobody is as forgiving of “too little, too late,” as a federal judge investigating one of their own.
This is why the emerging impeachment push against Judge Ross doesn’t go far enough. If you think Ross’s conduct should result in her removal, then the judges who decided she should stay on the bench AND shielded from public scrutiny also warrant investigation. The fact that having sex in chambers is both salacious and objectively funny obscures the serious extortion risk. Ross was having an extramarital affair with a high-ranking Atlanta cop while presiding over federal criminal cases, which is a textbook example of the kind of information someone could use against a judge.
The other judges saw the facts that we now agree crossed the line and they decided the right answer was to flip over the cushion and pretend it didn’t happen.
Honestly, this is why Ross shouldn’t resign. Congress needs to make the rest of the judiciary confront its ethical complacency.
Earlier: You Will Not Believe The ‘Apology’ Letter Judge Eleanor Ross Wrote Her Clerks
Judge Eleanor Ross Impeachment Arrives Right On Schedule, Managing To Yet Again Botch The Standard
Federal Judge Had Sex In Chambers Bringing New Meaning To Gavel Bang
Judiciary Tried To Hide ‘Sex In Chambers’ Judge’s Name. It Left A Roadmap To Identify Eleanor Ross Instead.
Federal Judge Weeps For Poor Defenseless Federalist Society, Ruthlessly Bullied By Legal Bloggers
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news.
The post Chief Judge Pryor Decides No Harm, No Foul Over Judge Ross’s Flimsy Apologies appeared first on Above the Law.
The most significant penalty the Eleventh Circuit imposed on Judge Eleanor Ross for having sex in chambers, exposing the court to an extortion risk, and then lying about it, was to write her clerks and apologize. And even that punishment came with a hefty caveat, as Judge Ross asked to be allowed to write the letters vaguely enough that they couldn’t be used to expose what happened. Her fellow judges, who tried to keep the whole thing under wraps as a private reprimand, agreed.
Alas, those plans to conceal Judge Ross’s identity fell apart quickly. Eleventh Circuit Chief Judge William Pryor once described me as “one of the great journalists of our time at a venerable institution for investigative journalism,” so it was always foolish of him to think we wouldn’t crack this code within an hour.
After Judge Ross’s three-sentence letters went public, she faced renewed furor over violating the spirit of her already meager punishment. This prompted Chief Judge William Pryor, who signed off on the original punishment, to write Judge Ross to determine if her letters amounted to a separate violation. After Ross penned new, more detailed letters, Pryor has decided there’s no harm, no foul.
Sort of like how the original inquiry decided she lied to investigators, but told the truth after it didn’t matter. By the time Ross got honest, the investigation team had reviewed the security footage, interviewed clerks, held simulations to see what could be heard from inside chambers, and already sent her furniture over state lines for laboratory testing. There was hardly anything left to confess at that point. Nobody is as forgiving of “too little, too late,” as a federal judge investigating one of their own.
This is why the emerging impeachment push against Judge Ross doesn’t go far enough. If you think Ross’s conduct should result in her removal, then the judges who decided she should stay on the bench AND shielded from public scrutiny also warrant investigation. The fact that having sex in chambers is both salacious and objectively funny obscures the serious extortion risk. Ross was having an extramarital affair with a high-ranking Atlanta cop while presiding over federal criminal cases, which is a textbook example of the kind of information someone could use against a judge.
The other judges saw the facts that we now agree crossed the line and they decided the right answer was to flip over the cushion and pretend it didn’t happen.
Honestly, this is why Ross shouldn’t resign. Congress needs to make the rest of the judiciary confront its ethical complacency.
Earlier: You Will Not Believe The ‘Apology’ Letter Judge Eleanor Ross Wrote Her Clerks
Judge Eleanor Ross Impeachment Arrives Right On Schedule, Managing To Yet Again Botch The Standard
Federal Judge Had Sex In Chambers Bringing New Meaning To Gavel Bang
Judiciary Tried To Hide ‘Sex In Chambers’ Judge’s Name. It Left A Roadmap To Identify Eleanor Ross Instead.
Federal Judge Weeps For Poor Defenseless Federalist Society, Ruthlessly Bullied By Legal Bloggers
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news.
