The U.S. Department of Justice filed a judicial misconduct complaint on September 30, 2026, against several judges of the U.S. District Court in Minnesota, including Judges Patrick J. Schiltz and John R. Tunheim.
The complaint alleges the judges violated the Code of Conduct for United States Judges by publicly discussing pending immigration cases in an interview with The New York Times, prompting concerns about judicial impartiality and the proper limits of judicial speech.
Attorney General Todd Blanche warned that judges are ethically prohibited from commenting on cases before them or making political statements about matters that have come before their courts. The filing asks the Eighth Circuit Court of Appeals to investigate the conduct and to require the judges to recuse themselves from any case involving the Department of Homeland Security.
In response, Judge Schiltz told the Minneapolis Star Tribune that his remarks were “well within the ethical rules” for federal judges, citing an advisory opinion from the Committee on Codes of Conduct that permits judges to “speak and write” on core judicial matters such as the rule of law and judicial independence.
Acting Deputy Attorney General Trent McCotter and Associate Attorney General Stanley E. Woodward Jr. described the judges’ actions as a “clear violation of their ethical duties,” adding that seeking media attention undermines public confidence in an impartial judiciary.
The complaint is notable for being a rare instance in which the Justice Department directly pursues disciplinary action against federal judges, raising questions about how the balance between free expression and judicial ethics will be maintained.
The case now moves to the Eighth Circuit, which will decide whether the judges should be sanctioned or required to step aside from immigration‑related proceedings. The outcome could set a precedent for how judges engage with the public on matters of faith, law, and national policy.