Chief Judge Albert Diaz Sustains A3P’s Judicial Complaint Against Judge Michael Ponsor

Chief Judge Albert Diaz Sustains A3P’s Judicial Complaint Against Judge Michael Ponsor

WASHINGTON – The Article III Project (A3P) secured a major victory in upholding judicial independence and accountability following Chief Judge Albert Diaz’s decision to sustain A3P’s complaint (PDF) against Senior Judge Michael A. Ponsor of the District of Massachusetts.

The complaint, filed in May 2024, was prompted by an op-ed authored by Judge Ponsor and published in The New York Times. The essay criticized Supreme Court Justice Samuel Alito, raising significant ethical concerns. Chief Judge Diaz’s decision concluded that Judge Ponsor violated federal judicial ethics by undermining public confidence in judicial impartiality and by commenting on matters that could reasonably be perceived as partisan or linked to pending Supreme Court cases.

A3P filed the complaint in order to protect the integrity of the judiciary and ensure that judges avoid any appearance of partisanship. Chief Judge Diaz’s findings reflect the serious nature of the ethical violations raised by Judge Ponsor’s op-ed. Importantly, Judge Ponsor’s acknowledgment of his ethical misstep and public apology mark a step toward restoring public confidence in the judiciary.

“The essay expressed personal opinions on controversial public issues and criticized the ethics of a sitting Supreme Court justice. Such comments diminish the public confidence in the integrity and independence of the federal judiciary in violation of Canons 1 and 2A.” said Diaz in the filed reply.

“Viewed in the timeframe during which the essay was published, including the substantial press coverage detailing the calls for Justice Alito’s recusals from the then-pending January 6 cases, it would be reasonable for a member of the public to perceive the essay as a commentary on partisan issues and as a call for Justice Alito’s recusal,” Diaz continued.

“The courts and Judge Ponsor took this seriously. I accept his apology letter at face value,” Mike Davis, Founder and President of the Article III Project, told The Wall Street Journal.

The Article III Project (A3P) was founded by veteran GOP operative and attorney Mike Davis, who, after helping win the Senate confirmation battles of Neil Gorsuch and Brett Kavanaugh, developed the reputation as a “take-no-prisoners conservative eager to challenge the left with hardball tactics,” as reported in The New York Times.‍‍

A3P defends constitutionalist judges, punches back on radical assaults on judicial independence (like court-packing) and opposes judicial and other nominees who are outside of the mainstream. Davis previously served as Chief Counsel for Nominations to Chairman Chuck Grassley (R-Iowa) on the United States Senate Committee on the Judiciary and led the Senate confirmation of Justice Brett Kavanaugh and a record number of circuit court judges.

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