Federal judge who said he retired to fight Trump was reportedly subject of misconduct probe

Politics

The inquiry concerned allegations the judge violated a rule that prohibits creating a hostile work environment.

By Abby Patkin

February 9, 2026 | 10:52 AM

2 minutes to read

A Boston-based federal judge who resigned in November to “speak out” against the Trump administration was reportedly the subject of a judicial inquiry at the time concerning allegations he violated a rule that prohibits creating a hostile work environment.

In newly available records from the U.S. First Circuit Court of Appeals, Chief Circuit Judge David Barron wrote that he found “probable cause to believe that misconduct had occurred” after conducting a “limited inquiry” that included interviews with the unnamed judge and the judge’s former law clerk. 

While Barron’s Nov. 24 order does not specify the judge in question, NPR and The Boston Globe both identified him as former senior U.S. District Judge Mark Wolf. A Reagan appointee, Wolf now works as senior counsel at the Boston-based firm Todd & Weld.

He did not respond to a request for comment. 

Barron’s order likewise does not detail Wolf’s alleged misconduct, though it explains that “cognizable misconduct includes: … treating litigants, attorneys, judicial employees, or others in a demonstrably egregious and hostile manner; or … creating a hostile work environment for judicial employees.”

Barron ultimately concluded further action on the complaint was unnecessary “because of intervening events” — purportedly Wolf’s resignation, according to the Globe and NPR. A panel of the Judicial Council of the First Circuit agreed with Barron, according to a Jan. 27 filing by Circuit Executive Susan Goldberg.

Wolf made headlines when he stepped down from the bench last fall and published an essay in The Atlantic outlining his desire to fight the “existential threat to democracy and the rule of law.”

“The White House’s assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out,” he wrote. “Silence, for me, is now intolerable.”

Wolf rose to national prominence overseeing a slew of high-profile cases, including hearings that exposed the FBI’s relationship with informants Stephen “The Rifleman” Flemmi and James “Whitey” Bulger. According to the Globe, however, Wolf was also known for his aggressive behavior on the bench, which sometimes included berating attorneys who appeared before him. 

In a Nov. 7 press release announcing Wolf’s retirement, Chief Judge Denise J. Casper noted his “steadfast commitment to the rule of law, determination in wrestling with novel issues of fact and law, and dedication to making fair, equitable and legally sound decisions without fear or favor are the hallmarks of his time on the bench.”

Wolf, meanwhile, said he felt pressed to act as President Donald Trump’s administration “dismantled so much of what I dedicated my life to.”

“As I watched in dismay and disgust from my position on the bench, I came to feel deeply uncomfortable operating under the necessary ethical rules that muzzle judges’ public statements and restrict their activities,” he explained in The Atlantic.

The Legal Accountability Project — a nonprofit that supports law clerks — said the newly disclosed misconduct allegations highlight “the disturbing lack of accountability for federal judges who abuse their power” and the need for congressional oversight. 

“A judge’s departure from the bench amid a misconduct investigation does not eliminate the need for real accountability or transparency,” said Aliza Shatzman, the organization’s president and founder. “This outcome represents neither justice for the mistreated clerk who bravely reported the misconduct, … nor accountability for one of many federal judges who abuse their power by mistreating judicial law clerks and staff.”

Abby Patkin is a general assignment news reporter whose work touches on public transit, crime, health, and everything in between.