A conservative advocacy group aligned with Republican President-elect Donald Trump has filed a judicial misconduct complaint against U.S. Circuit Judge James Wynn. The Article III Project, founded by Trump ally Mike Davis, accused Wynn of violating judicial ethics after he reversed his decision to retire following the faltering of President Joe Biden’s nominee to succeed him in the U.S. Senate.
Judge Wynn Reverses Retirement Decision
Judge Wynn, an Obama appointee to the 4th U.S. Circuit Court of Appeals based in Richmond, Virginia, had announced plans in January to take senior status—a form of semi-retirement for federal judges—upon confirmation of a successor. However, in a letter sent to the White House on Friday, Wynn notified Biden that he no longer intended to step down.
Wynn offered no explanation for his change of plans and declined requests for comment, as did the White House. This decision came just a day after Biden’s nominee, North Carolina Solicitor General Ryan Park, formally withdrew from consideration due to an inability to secure Senate confirmation.
Allegations of Partisanship Spark Controversy
The Article III Project’s complaint, filed late Monday, argues that Wynn’s decision undermines public confidence in the judiciary’s integrity and impartiality, as outlined in Canons 2 and 5 of the Code of Conduct for U.S. Judges. Canon 2 requires judges to act in ways that maintain public trust in judicial fairness, while Canon 5 discourages political activity.
The group claimed that Wynn’s reversal, following a March retirement celebration where remarks from former President Obama were read, appeared politically motivated. “On the public record as it currently exists, every indication is that Judge Wynn…had a change of heart solely because of the outcome of the 2024 presidential election,” the complaint stated.
Republican lawmakers also criticized Wynn’s actions. Senator Thom Tillis called Wynn’s move “brazenly partisan,” and outgoing Senate Republican Leader Mitch McConnell predicted significant ethics complaints and recusal motions against Wynn, adding, “He’s earned it.”
Broader Implications and Similar Cases
Wynn is the third Democratic-appointed judge to rescind plans to retire since Trump’s Nov. 5 election victory, intensifying tensions over judicial appointments. Notably, Wynn’s decision marks the first such reversal on an appellate court. Senate Republicans have expressed concerns about what they describe as an unprecedented trend of judges reconsidering their retirement decisions post-election.
The Article III Project also filed similar complaints against two trial court judges, U.S. District Judge Max Cogburn in North Carolina and U.S. District Judge Algenon Marbley in Ohio, who likewise reversed retirement plans.
As Biden’s path to filling judicial vacancies narrows, these developments highlight growing partisan disputes over the federal judiciary, which will likely remain a contentious issue during Trump’s upcoming presidency.
