Judge Barry retired, ending inquiry [updated]

The New York Times reported today that Maryanne Trump Barry, the president’s sister, retired in February as a Third Circuit judge. Her retirement terminated a Second Circuit Judicial Council inquiry into her role in reported Trump-family “dubious tax schemes during the 1990s, including instances of outright fraud.”

Trump became a federal judge in 1983, and served on the Third Circuit from 1999 through last month. She assumed senior status in 2011 and took inactive status in 2017 shortly after President Trump’s inauguration.

From today’s report:

In a letter dated Feb. 1, a court official notified the four individuals who had filed the complaints that the investigation was “receiving the full attention” of a judicial conduct council. Ten days later, Judge Barry filed her retirement papers.


Following confidentiality requirements, Judge Barry’s name does not appear on the order ending the investigation or the correspondence with the complainants. The order identifies the judge in question as a senior inactive judge, about whom complaints were filed in October 2018. Under court rules, all complaints are reviewed by a judge, and those with an allegation of misconduct or disability are generally referred to a panel of judges for investigation.

“The complaints allege, on the basis of a news article, that the then-inactive senior circuit judge may have committed misconduct relating to tax and financial transactions,” says the order, dated April 1.

This is a sad end to the judicial career of a judge who was widely respected and warmly admired throughout her time on the bench.


UPDATE: Larry Neumeister and Maryclaire Dale have this strong follow-up story for AP, featuring statements from two of Judge Barry’s fellow Third Circuit judges:

Chief Judge D. Brooks Smith of the 3rd U.S. Circuit Court of Appeals in Philadelphia released a statement calling Barry a “judicial giant” whose 36 years as a judge in the Philadelphia federal courts were “beyond exemplary.”

“Judge Barry was a very hard working jurist with a sharp mind, keen instincts, and a quick wit. She was a role model for women in the law, and she took that responsibility seriously,” Smith said.

Judge Theodore McKee, another of Barry’s 3rd Circuit’s colleagues, told The Associated Press that Barry was a meticulous judge who protected the court’s reputation, and to the extent the complaints “may have cast aspersions on that, I know she would have been very concerned.”