Newly released court orders reveal that a misconduct inquiry was underway into a federal judge who retired last year, and that the review ended when the judge left the bench.
Mark Wolf, 79, retired from the U.S. District Court for Massachusetts in November after more than 40 years of service. In an essay for The Atlantic published Nov. 9, Wolf said he was leaving in part because he felt constrained from speaking out about actions by President Trump, writing, “The White House’s assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out.” He later told PBS NewsHour he worried the attacks on courts and judges were eroding public confidence in the judiciary.
Orders made public show U.S. Court of Appeals Judge David Barron conducted a “limited inquiry” into allegations that an unnamed jurist had engaged in misconduct, including creating a hostile workplace for court employees. In an order dated Nov. 24, 2025, Barron said the inquiry included interviews with the judge and the judge’s former law clerk and that it found probable cause to believe misconduct had occurred. The order did not specify details of the alleged behavior but listed examples that could include treating litigants, attorneys, judicial employees or others “in a demonstrably egregious and hostile manner” or otherwise creating a hostile work environment. Barron concluded that further action was unnecessary because of “intervening events” — the judge’s retirement.
A person familiar with the investigation, speaking on condition of anonymity because the matter is an internal inquiry, identified the judge as Wolf and said his resignation terminated the review.
Wolf, appointed by President Ronald Reagan and confirmed in 1985, gained national prominence for work that exposed FBI mishandling of mob informants in the Whitey Bulger case. Earlier in his career he served as a special assistant to the attorney general after Watergate and led the public corruption unit in the U.S. Attorney’s Office in Massachusetts.
Reached by phone, Wolf declined to offer a direct comment, saying he was busy preparing to leave for two weeks and that he had nothing to say at the moment. Susan Goldberg, executive for the U.S. Court of Appeals for the First Circuit, referred inquiries to the Administrative Office of the U.S. Courts in Washington, whose spokeswoman had no comment.
The newly disclosed orders spotlight the federal courts’ internal system for policing judges. Court employees are not covered by federal anti-discrimination laws, and a prior NPR investigation found problems with the courts’ internal protections, including fear of retaliation by whistleblowers. The imbalance of power between federal judges and law clerks, who often depend on judges for mentorship and career opportunities, can foster a culture of silence, critics say.
According to the court order, the First Circuit began its review after receiving a letter from a judge that relayed “reliable information” about potential misconduct provided by a former law clerk. Aliza Shatzman, founder of the Legal Accountability Project, which helps law clerks identify problematic judicial behavior, said the public allegations highlight a need for greater accountability and congressional oversight.
“A judge’s departure from the bench amid a misconduct investigation does not eliminate the need for accountability or transparency,” Shatzman said. She added that the outcome offered neither justice for the clerk who reported the conduct nor accountability for judges who mistreat clerks and staff.
Last year, a member of Congress introduced the Trust Act, legislation that would require pending misconduct investigations to continue even if a judge retires, resigns or dies. Congress has not advanced the measure. Gabe Roth, executive director of Fix the Court, a transparency advocacy group, said the federal judiciary should not tolerate such outcomes.