NEWS: Senators Blunt Rochester, Coons submit ethics complaint against Third Circuit Judge Jennifer Mascott

U.S. Senators Lisa Blunt Rochester and Chris Coons, a senior member of the Senate Judiciary Committee (both D-Del.), submitted a complaint against Judge Jennifer Mascott of the U.S. Court of Appeals for the Third Circuit with Circuit Executive Margaret Wiegand, calling for a review of Mascott’s conduct in light of recent reporting by Politico indicating that Mascott continued to run her late husband’s public affairs firm after her confirmation to the federal bench. “In our view, the ethical implications of Judge Mascott’s decision to lead this firm while simultaneously serving on the U.S. Court of Appeals for the Third Circuit deserve review,” the senators wrote . “Although ownership of an independent public affairs firm does not necessarily constitute judicial misconduct, ongoing and active engagement in managing that firm can be.” In August, Politico broke the news that Mascott was “deeply involved in daily operations” at Adfero, a Washington public affairs firm she inherited from her late husband, for at least six months after her confirmation to the Third Circuit. While serving as a judge, Mascott worked out of Adfero’s Washington offices, oversaw staffing and business development operations, and made key “operational and strategic” decisions. Mascott also pushed the previously non-partisan firm in a conservative direction, bringing on consultants and clients “with strong MAGA credentials.” “If she is logging time [at Adfero] and it has the potential to interfere with her judicial duties, that is a no-go,” Charles Geyh, a law professor at the Indiana University Maurer School of Law who studies judicial ethics, told Politico. “Under a basic reading of the Code of Conduct for United States Judges,” the senators continued in their complaint, judges “may not maintain a second profession that could take time and focus away from their Senate-confirmed job. We are concerned that by dedicating extensive time and attention to her role in Adfero, Judge Mascott may have engaged in misconduct.” The two senators also posed questions about whether Mascott’s work with Adfero has detracted from her work on the Court of Appeals, noting that since joining the bench, Judge Mascott “has issued only three written opinions in precedential cases, two of which are only about a page long.” Other Third Circuit judges have written significantly more in that time. “As representatives for the people of Delaware in the United States Senate, we want to ensure that the judges serving our state on the Third Circuit are fully committed to doing their best work, free from undue distraction or unethical conduct,” the senators concluded . “We look forward to your review of this complaint and thank you for your attention to this matter.” A copy of the letter can be viewed here .