Justice Department Files Judicial Misconduct Complaint Alleging MN Judges Made Improper and Unethical Comments to the New York Times

Today, The Department of Justice filed a complaint of judicial misconduct against Hon. Patrick J. Schiltz, Hon. John R. Tunheim, and Anonymous District Judges at the United States District Court for the District of Minnesota.

On September 17, 2026, the paper published an article titled Trump’s Minnesota Surge Threatened Democracy, Judge Warns. The article explains that Judge Patrick Schiltz of the District of Minnesota sat for a 90-minute interview.  Six other “members of Minnesota’s federal bench” also “agreed to speak to the New York Times about last winter’s tumult.”  This included “six of the seven judges who held active status in Minnesota last winter.”

Judges are ethically prohibited from commenting publicly on cases pending in any court and making political or policy statements concerning matters that are or have been before them. 

"Seven federal judges in the District of Minnesota talked to the New York Times about cases, some of which are on-going, in a manner that the Department of Justice views as a clear violation of their ethical duties," said Attorney General Todd Blanche. "Their conduct has undermined public confidence in an impartial judiciary in Minnesota."

“Our complaint alleges that federal judges in Minnesota used their official judicial office to pander to the press about immigration policies,” said Acting Deputy Attorney General Trent McCotter. “Judges who covet publicity rather than follow the rule of law by adjudicating cases or controversies undermine the public’s confidence in an impartial jury.” 

“An independent and honorable judiciary is indispensable to justice in our society,” said Associate Attorney General Stanley E. Woodward, Jr. “But public confidence in judicial impartiality cannot survive if judges seek out media attention and pander to the press.  Regrettably, judges in the District of Minnesota have done just that—by disregarding their ethical duties and launching a partisan press campaign, these judges advance their policy preference, allowing criminal illegal aliens to run free in Minnesota.  This Department of Justice will not let that stand, and today’s complaint ensures we have a fair and impartial forum to continue to vigorously enforce our Nation’s immigration laws in court.”

The Department’s judicial misconduct complaint requests that the judges who spoke to the New York Times about immigration cases recuse themselves from any matters involving the U.S. Department of Homeland Security because the public now reasonably questions their impartiality in cases involving that agency. The complaint also requests that the United States Court of Appeals for the Eighth Circuit initiate an investigation into the judges’ improper and unethical conduct.

The complaint can be viewed here.