ATLANTA (AP) — The U.S. Department of Justice has filed a motion requesting the recusal of U.S. District Judge Eleanor Ross from overseeing a case concerning Georgia election records. The motion is based on the judge's attendance at an event honoring Fulton County District Attorney Fani Willis, who is notable for her prosecution of former President Donald Trump, leading to questions about Judge Ross's impartiality.
Recently, a federal judge within the 11th Judicial Circuit received a "private reprimand" following an investigation that revealed inappropriate conduct involving a high-ranking uniformed police officer in courthouse premises. The investigation also discovered that the judge initially lied about the allegations of sexual conduct. While the identity of the judge was not disclosed, media reports have pointed to Judge Ross as the individual in question. A representative from Ross’s chambers has indicated that she is currently unavailable for comment, and inquiries about the Justice Department's recusal request were directed to the media office, which similarly reported no statement from the judge.
Federal judges, appointed for life, can face disciplinary actions such as censure or public reprimands but can only be removed through Congressional impeachment. Judge Ross was nominated by then-President Barack Obama in January 2014 and has a history as a state court judge in DeKalb County since 2011, along with extensive experience as a prosecutor.
Judge Ross is currently presiding over a case initiated by the Justice Department involving Georgia Secretary of State Brad Raffensperger. The Department is engaged in litigation against multiple states for statewide voter lists. Raffensperger has maintained that Georgia law restricts the release of confidential voter information unless specific criteria are met, arguing that the federal government has not satisfied those conditions. He indicated that he provided the public segment of the voter roll to the Justice Department in December.
A hearing related to the case has been set for Wednesday; however, the Justice Department has requested a delay due to its motion concerning Judge Ross’s potential recusal.
In a separate judicial discipline case involving the unnamed judge, the Judicial Council of the 11th Circuit imposed a private reprimand based on findings from a February order, which was subsequently upheld by the Judicial Conference's Committee on Judicial Conduct and Disability. The investigation revealed the judge's participation in a campaign event associated with the district attorney's office, which the investigative panel concluded was inappropriate and partisan in nature. Judge Ross, having previously worked in the Fulton County DA's office, overlapped with Fani Willis, suggesting a potential conflict of interest.
The context behind these events includes Willis's investigation into Trump for possible interference in the 2020 election, particularly focusing on a notable January 2021 phone call in which Trump allegedly urged Raffensperger to locate votes that would overturn Joe Biden's victory in Georgia. In August 2023, Willis obtained an indictment against Trump and others for their involvement in a scheme aimed at reversing the state's election results. This case was ultimately dismissed by an appeals court due to concerns over apparent impropriety stemming from a romantic relationship Willis had with an outside attorney involved in the prosecution.
The Justice Department's filing asserts, "A judge who attended a party celebrating the election of a Democrat best known for prosecuting a Republican President for alleged election interference cannot then preside over a case concerning that President's efforts to ensure election integrity." They argue that an "objective reasonable observer" would perceive Judge Ross's attendance at Willis's election night party as a form of endorsement, thus necessitating her recusal from the election-related case.
While the Justice Department referenced the allegations regarding Judge Ross's conduct with the police officer, they specified that those issues were not the focus of the recusal motion. In a related note, the Atlanta Police Department has launched an investigation to ascertain whether the police officer involved in the allegations is affiliated with their department.
