U.S. judge disciplined for sex in chambers, lying to investigators

Fulton County Senior ADA Eleanor Ross speaks during opening statements Wednesday, Feb. 17, 2010 in Atlanta. (Vino Wong/Atlanta Journal-Constitution via AP, File)

ATLANTA — A federal judge who was disciplined after an investigation found that she had sex with a police officer in her chambers and then lied about it wrote a letter to a former law clerk apologizing for her “harmful, offensive, and unprofessional behaviour.”

An investigation initiated last year by the chief judge of the 11th Judicial Circuit found that U.S. District Judge Eleanor Ross had sex in the courthouse with a high-ranking uniformed police officer within earshot of staff, attended a partisan event and initially lied when confronted with the allegations. Ross wrote in the letter dated Thursday and obtained by The Associated Press that her “actions were patently wrong, and there is no excuse.”

“You deserved better than to have your experience marred by my own offensive conflict,” says the letter, which was first reported by The New York Times.

Ross was nominated to the bench in the Northern District of Georgia in 2014 by then-president Barack Obama, a Democrat.

The investigation of Ross began after one of her law clerks reported that on multiple occasions the judge had engaged in sexual activity with a high-ranking uniformed police officer in her office during working hours. It also was alleged that the judge didn’t properly supervise clerks and on one occasion yelled and cursed at staff.

Ross received a “private reprimand” that didn’t publicly name her after the investigation confirmed the allegations against her. She also agreed not to seek the position of chief judge of the district when eligible and to write apology letters to six former law clerks.

William Pryor, the chief judge of the 11th Circuit, opened the initial investigation of Ross last fall. He asked her to respond to the clerk’s allegations that she had had sex in her office and had attended a partisan event. She replied the same day and “specifically denied” each allegation. In a follow-up email the next day, the judge speculated to Pryor that the law clerk may have invented things in retaliation for being required to work in the office.

Ross’ letter says, “I also want to convey my deepest apologies to you for my false accusation against you. Again, I have no excuse and immensely regret my behaviour.”

The letter also references a previous letter that Ross wrote to the clerk, saying it was “entirely deficient, as I did not take full accountability for my actions, and I failed to give you the apology that you deserve.”

Federal judges are appointed for life and can only be removed by impeachment by Congress. Two Georgia congressman this week filed separate impeachment resolutions against Ross. It is up to the House Judiciary Committee to decide whether to start impeachment proceedings.

Pryor appointed a special committee to investigate. That investigation was detailed in a report attached to the disciplinary order.

The committee’s review of logs and security footage showed an officer had frequently visited the judge’s chambers in uniform around lunchtime. Six clerks recalled seeing someone who fit the officer’s description, with three remembering overhearing what may have been sexual activity in the judge’s office.

Three clerks remembered bringing summer interns on their first day to watch the judge presiding over a hearing in a criminal case. Right after that, they told the committee, the judge declined to have lunch with the interns, acknowledging having too many martinis the night before at a primary election victory party for a district attorney friend.

The clerks said the judge didn’t provide sufficient guidance and “rarely, if ever, substantively edited civil orders the clerks drafted.” While clerks described an “eggshell culture,” the committee didn’t find evidence of abusive behaviour.

The judge ultimately admitted to having an extramarital sexual relationship with the officer but denied the allegations about mistreatment of staff, the committee wrote. The judge acknowledged to the committee having gone to a “mixer” of former employees of a district attorney’s office where the judge used to work, but said it was in a separate room from the victory party.

“Though I can never fully undo the harm that I have caused you, I hope that my acknowledgment of these failures is a small first step,” Ross wrote in the letter to her former clerk. “I will be taking further steps to ensure that this never happens again.”

Kate Brumback, The Associated Press