In a concurring opinion, Judge James Ho addressed a magistrate judge's ex parte meeting with a defendant's corporate representative. The representative had sent emails complaining about delays and referencing connections to Texas congressmen and a U.S. senator, at a time when the judge was being considered for a district court appointment. Ho acknowledged the pressure but said the proper response is to keep deciding cases on the law, not to meet privately with a party.
Ho invoked what scholar Josh Blackman calls the "audition trap": the accusation that a judge's rulings are tainted by ambition for higher office. Because such a charge cannot be refuted, Ho argued, a judge who tries to answer it only fuels suspicion. The only remedy is to accept criticism as part of the job and let a consistent record speak for itself.
Ho sympathized with the magistrate judge on a human level but would not have counseled an ex parte meeting. He closed by noting that federal judges receive life tenure, not a life sentence—meaning they are expected to withstand public scrutiny without bending to it. The opinion underscores a core tension in judicial ethics: how to respond to unfair attacks without compromising neutrality. The source is a single opinion, so no differing views are presented.}```markdown? The user asked for strict JSON. I provided JSON. But the body contains markdown? It's plain text with no markdown formatting. That's fine. Ensure body 2-4 short paragraphs. I have 3. Good. Headline under 80 chars. Count: