Newly released court orders show a misconduct inquiry was under way into a federal judge who retired last year, and that the review stopped when the judge left the bench.
Mark Wolf, 79, stepped down from the U.S. District Court for Massachusetts in November after more than four decades on the federal bench. In an essay for The Atlantic published Nov. 9, Wolf said he was departing in part because he felt constrained from speaking 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 feared attacks on courts and judges were eroding public confidence in the judiciary.
The orders made public indicate that U.S. Court of Appeals Judge David Barron carried out a “limited inquiry” into allegations that an unnamed judge engaged in misconduct, including creating a hostile workplace for court staff. In an order dated Nov. 24, 2025, Barron said the inquiry involved 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 lay out specific incidents but listed examples of behavior that could amount to misconduct, such as 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 inquiry is internal, identified the judge as Wolf and said his resignation terminated the review.
Wolf, appointed by President Ronald Reagan and confirmed in 1985, became nationally known for work that revealed 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 comment directly, 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; a spokeswoman there declined to comment.
The newly disclosed orders highlight how the federal courts police judges internally. Court employees are not covered by federal anti-discrimination laws, and a previous NPR investigation found weaknesses in the courts’ internal protections, including fears of retaliation by whistleblowers. Critics say the power imbalance between federal judges and law clerks, who often depend on judges for mentorship and career opportunities, can create a culture of silence.
According to the court order, the First Circuit opened its review after receiving a letter from a judge relaying “reliable information” provided by a former law clerk. Aliza Shatzman, founder of the Legal Accountability Project, which assists law clerks reporting problematic judicial behavior, said the public disclosure underscores the need for stronger 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, adding that the outcome provided 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 judicial transparency advocacy group, said the federal judiciary should not allow investigations to end because of retirement or other intervening events.