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Federal Judge Resigns from Association in Protest of Inconsistent Support for Judicial Independence

Federal Judge Resigns from Judicial Association Amid Controversy

In a significant move, Judge James C. Ho, a federal judge appointed by President Donald Trump in 2018, announced his resignation from the Federal Judges Association due to his discontent with the organization’s recent statement regarding threats against judges. The statement, released last week, marked a rare public acknowledgment of such threats but was viewed by Judge Ho as selective and politically motivated.

The Statement in Question

During a speaking engagement hosted by the conservative Federalist Society at the University of Michigan Law School, Ho expressed his surprise at the Federal Judges Association’s statement, which asserted that judges must be able to perform their duties free from the fear of violence or intimidation. This announcement comes at a time when judges have faced escalating scrutiny and attacks, particularly from political figures aligned with the Trump administration.

Background of the Issue

Trump and his supporters have increasingly criticized judges who oppose policies from the Department of Government Efficiency. Recently, Elon Musk, who leads the department, called for widespread judicial impeachments. This adversarial climate has heightened the concerns about judges’ safety and independence.

Judge Ho’s Reasons for Resignation

Judge Ho’s resignation highlights his frustrations regarding the timing and context of the association’s statement. He remarked, “I researched for myself, and I also asked the association if they ever issued any such statements when Justice Thomas received attacks, or Justice Alito. Justice Kavanaugh faced an assassination attempt, yet we saw no statements in 2022, 2023, or even early 2024. From what I can tell, no.”

His comments emphasize a critical point that the statement seemed to ignore ongoing threats previously directed at conservative judges, leaving them unprotected when the comments were most necessary.

The Impact on Judicial Independence

Ho elaborated on the implications of selectively supporting judicial independence, stating, “You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like. That’s not protecting the judiciary, that’s politicizing the judiciary.” He argued that such selective advocacy could ultimately weaken trust in the judicial system, as it may appear insincere or self-serving.

A Call for Genuine Support

Ho’s concerns highlight a larger issue within the judicial system: the need for a unified and consistent stance on judicial independence, irrespective of individual judges’ political leanings. He warned, “If you’re telling the truth, you really care about this principle, but just some viewpoints seem so opposed to your own that you don’t think they deserve the protection of this principle. What may be perceived as righteousness comes across to many as merely sanctimonious.”

Reactions from the Federal Judges Association

Following Ho’s resignation, Fox News Digital reached out to the Federal Judges Association for commentary but received no immediate response. The association is led by U.S. Circuit Judge J. Michelle Childs, appointed by President Joe Biden. Childs had previously communicated to association members that the judiciary faces mounting threats that include intimidation, disinformation, and efforts to undermine its independence.

In a formal statement released the day after Ho’s resignation, the Federal Judges Association underscored that “recent events are a clear and urgent reminder that federal judges play a crucial role in upholding our democracy as guardians of the rule of law.” The statement sought to affirm their commitment to the independence of the judiciary and the importance of protecting judicial figures from intimidation.

Concerns Over Judicial Integrity

The Federal Judges Association also emphasized the critical need for public confidence in the judicial system, stating, “Irresponsible rhetoric shrouded in disinformation undermines the public’s trust in our justice system. The security of federal judges and all those serving in the judicial branch is fundamental to their ability to uphold the rule of law.” The association highlighted that preserving judicial integrity is key to maintaining a fair legal system.

Historical Context of Judicial Threats

Amid today’s debates on judicial independence, it is essential to reflect on the historical tensions between the various branches of government. Criticism of judicial rulings is not new, and the enduring struggle for independent judiciary remains a cornerstone of American democracy. The Federal Judges Association emphasized that judges’ decisions are based on legal evaluations, not personal opinions, which is vital for maintaining the rule of law.

The Need for Consistency in Judicial Advocacy

The controversy surrounding Judge Ho’s resignation and the Federal Judges Association’s recent statement raises critical questions about the consistency of support for judges across the political spectrum. Advocating for judicial independence must involve unconditional support, regardless of whether individual decisions align with prevailing political sentiments.

A Broader Discussion on Judicial Safety

The dialogue prompted by Judge Ho’s resignation highlights an urgent need for a broader examination of judicial safety and independence in an increasingly polarized political landscape. As threats to judges continue to rise, there is a pressing responsibility for judicial associations and political leaders to generate a culture of respect and protection for the judiciary.

Moving Forward in the Interest of Justice

In light of these developments, it is crucial for judiciary organizations and political figures to foster an environment that unequivocally supports judicial personnel. Effective advocacy for judicial independence should transcend political affiliations, ensuring safety and respect for all judges. This vital issue directly affects the integrity of the judicial system and the preservation of democracy in the United States.