Justice Department Files Misconduct Complaint Against Nearly Every Federal Judge in Minnesota
Attorney General Todd Blanche accuses eight judges of breaking ethics rules by talking to The New York Times about the immigration surge. Judge Patrick Schiltz says he acted well within the rules.
The Justice Department on Wednesday filed a judicial misconduct complaint against all but one of the federal district judges in Minnesota, accusing them of violating the Code of Judicial Conduct by speaking to The New York Times about the Trump administration's immigration enforcement campaign in the state.
Attorney General Todd Blanche announced the complaint, which names U.S. District Judge Patrick Schiltz, a George W. Bush appointee, and U.S. District Judge John Tunheim, a Bill Clinton appointee, along with six other Minnesota judges. The department called the conduct of Schiltz and Tunheim "particularly egregious" and said it had flagrantly violated the judicial code with "improper and unethical comments" to the newspaper.
The complaint follows a Sept. 17 Times article in which judges described how Operation Metro Surge, which put more than 3,000 immigration agents in Minnesota beginning in December 2025, affected the courts. Schiltz sat for a 90-minute interview. He said the operation had pushed Minnesota's federal courts to a standstill and posed a "grave threat to the rule of law."
"We have a right, just like every litigant in court, to have a judge that will be fair and impartial," Blanche said in defending the filing. Schiltz rejected the charge. "I was acting well within the ethical rules that apply to federal judges in speaking to the New York Times," he said. A spokesperson for the federal district court said the judges had acted within their capacity and pointed to Judicial Conference guidance that lets judges speak about judicial independence and the rule of law.
Minnesota Attorney General Keith Ellison condemned the filing in a statement, calling it "a desperate and dangerous attack on American judicial independence." He described it as a direct attempt by the administration to intimidate judges who have ruled against it in the past. Judges in Minnesota have repeatedly ruled against the government in immigration and subpoena cases in recent months, including a June decision that threw out Justice Department subpoenas aimed at Gov. Tim Walz.
Judicial misconduct complaints against federal judges are rarely filed by the Justice Department, and rarer still against an entire courthouse. Such complaints are normally reviewed first by the chief judge of the relevant federal appeals circuit, here the Eighth Circuit, and most are dismissed. The department has not said what penalty it is seeking.
The filing came on the same day the department announced indictments of 10 foreign nationals in Minnesota on charges of illegally casting ballots in elections going back to 2022. Critics noted that the number amounts to a tiny fraction of the roughly 8.5 million ballots cast in the state over that period. The two announcements together mark a sharp escalation in the administration's fight with Minnesota's courts and officials over the immigration crackdown.
Legal ethics experts have said that judges are generally allowed to speak publicly about the administration of justice, though they must avoid commenting on pending cases. Schiltz said he consulted ethics experts before the interview and that they confirmed his conduct was proper. The complaint now moves to the appeals court, which will decide whether to open an inquiry.
