At 1:26 a.m. on Saturday, October 17, U.S. District Judge Ada Brown of the Northern District of Texas emailed roughly 140 judges, lawyers, and journalists.
She attached confidential materials from the Judicial Conduct and Disability proceedings already pending against her, along with sealed documents from two attorney-discipline matters in the same district that the investigating committee later described as seemingly unrelated. In the email she said she was declining to take part in the proceedings, that she had waived all confidentiality, and that she was turning certain orders over to the press so they would become public.
Brown, a 2019 Trump appointee, was already the subject of two misconduct complaints. According to orders and internal documents made public after the email, a special committee had found a reasonable basis to believe she was suffering from a mental condition that interfered with her ability to perform her duties. The committee cited, among other things, her recusal from more than 40 cases since June 1 (often with no explanation or with reasons the committee called unusual), almost no orders issued after August 10, and a pattern of emails and remarks it described as bizarre and, in some cases, racially insulting to judges and court staff. Her colleagues had already moved to reassign her docket. Brown has denied any mental-health condition, alleged discrimination, and pointed to an unspecified “parallel investigation” outside the Fifth Circuit as a reason she would not participate.
The same committee that ordered her to appear for an interview has now ordered her to answer, by 5 p.m. on October 27, specific questions about the parallel investigation and about her decision to distribute the confidential and sealed materials. Continued refusal, the order states, may lead the committee to expand its inquiry and to make recommendations without her input. Lifetime appointments make removing a federal judge extraordinarily difficult. What is unfolding is the rare public confrontation between a sitting judge and the judicial body charged with holding her accountable.