Andrew Wolfson

The Courier-Journal;

A spokeswoman for retired U.S. Court of Appeals Judge Boyce F. Martin Jr. says the Justice Department has completed an investigation of his travel expenses and won't be prosecuting him.

Claire Parker said the department has notified Martin that "it will not be pursing the matter."

The Courier-Journal reported in January that Martin's decision to retire last summer ended an investigation by the judiciary into allegations that he made "questionable travel reimbursement requests," according to an opinion issued by an arm of the federal courts charged with evaluating judicial misconduct complaints.

The allegations were referred to the Justice Department's public-integrity section, which investigates possible crimes by public officials.

In a statement, Parker said Martin "appreciates the timely and professional manner with which the DOJ handled the matter."

Peter Carr, a Justice Department spokesman, said its policy is not to comment on such matters.

Parker said in January that Martin had agreed to voluntarily repay all of his travel expenses during the four-year period in question — $138,500. The opinion did not say how much of that money was in question, and Parker said she didn't know the exact figure, but that it was "only a fraction" of that amount.

In an interview with The Courier-Journal last summer, Martin said he was retiring from the 6th U.S. Circuit Court of Appeals in Cincinnati after 34 years because he and his wife were both battling cancer. Martin, then 77 and the longest-serving judge on the court, also said, "I want to go out at the top of my game, rather than having to be carried up and down from the bench."

Parker said Martin also hoped that his retirement would resolve the complaint.

In an opinion,the U.S. Committee on Judicial Conduct and Disability said a judicial council in June dismissed the case because Martin's decision to retire made the investigation moot. But it decided to disclose his name and refer the matter to the Justice Department.

According to the opinion, Martin, who has a second home in Maine, said the reimbursement requests were due to "internal chambers administrative errors" and that he and his administrative staff had made several "administrative mistakes." He noted that some of the expenses were contested.

Martin, a Democrat who was appointed in 1979 by President Jimmy Carter, wrote more than 1,500 opinions, including the nation's first appellate decision affirming what is known as Obamacare and another landmark ruling allowing law schools to consider race in admissions.

Reporter Andrew Wolfson can be reached at (502) 582-7189