Justice Department will not prosecute retired Sixth Circuit judge

March 31, 2014

Last July, the Honorable Boyce Martin stepped down from his seat on the U.S. Court of Appeals for the Sixth Circuit.  Nominated to the bench by President Jimmy Carter in 1979, Martin was one of the longest serving judges on the federal bench.  He was also among the more colorful.  He fought against the imposition of the death penalty (often unsuccessfully) and was accused of misconduct in his handling of the Michigan affirmative action case.

When Judge Martin retired, he cited flagging health, among other concerns.  News reports, however, suggested Martin resigned in order to resolve a complaint that he had submitted over $100,000 in questionable travel expenses for reimbursement.  Although he was no longer a judge, and had offered to repay the challenged expenses, Martin was not entirely in the clear.  With its jurisdiction at an end, the federal judicial panel on judicial conduct referred the matter to the Justice Department.  Over the weekend, however, it was reported that the Justice Department will not pursue charges. The case against Judge Martin is now apparently at an end.  

 

Jonathan H. Adler teaches courses in constitutional, administrative, and environmental law at the Case Western University School of Law, where he is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation.
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