Federal appeals judge Jennifer Mascott actively ran a Washington public affairs firm for at least six months after being appointed to the bench, raising concerns about judicial ethics and conflicts of interest. Mascott, confirmed to the 3rd Circuit Court of Appeals in October 2025, inherited ownership of Adfero from her late husband Jeff Mascott in 2023 and managed the firm as its trustee while serving as a federal judge, according to 14 former employees and clients interviewed by Politico.
Mascott worked at least once a week out of Adfero’s Washington office overseeing staffing, business development, and client relations between her full-time judicial duties in Wilmington and Philadelphia. She required approval of all marketing materials and made strategic decisions about the firm’s direction. The arrangement continued until Adfero closed its doors on June 30, 2026, after two decades in operation.
The federal judicial code permits judges to maintain ownership of family businesses, but with strict limits. According to the Code of Conduct for United States Judges, “a judge’s participation in a closely held family business, while generally permissible, may be prohibited if it takes too much time or involves misuse of judicial prestige or if the business is likely to come before the court on which the judge serves.” Mascott disclosed her Adfero ownership during her Senate confirmation process and pledged to recuse herself from any matters involving the firm or its clients.
Judicial ethics experts say Mascott’s operation falls into a gray area. “If she is logging time there and it has the potential to interfere with her judicial duties, that is a no-go,” said Charles Geyh, a law professor at Indiana University Mauer School of Law who specializes in judicial ethics. Nancy Gertner, a retired federal judge appointed by President Bill Clinton, noted that Adfero’s work—designing campaigns to “influence elected officials”—made the situation unique. “It’s not like she’s making widgets,” Gertner said. “A company that she controls is sending out a message that she could never send out directly.”
The Firm’s Decline and Staff Exodus
Mascott’s tenure at Adfero coincided with a sharp decline in the firm’s fortunes. When she took an active management role in early 2025, the firm had historically been nonpartisan, serving clients like PhRMA and the National Retail Federation. Within months, the firm experienced an unprecedented exodus of staff. By January 2026, resignations escalated to one person per week, then one per day, according to former employees.
In January, PhRMA, a major pharmaceutical industry trade group, declined to renew its seven-figure contract with Adfero. Rather than treat this as a crisis, Mascott saw it as an opportunity and directed the firm to pursue health insurers—whose policy goals oppose the pharmaceutical industry. At the same time, she brought on consultants with deep GOP ties, including Luke Ball, a former Trump campaign operative, and Ben Stout, a former deputy chief of staff for Rep. Lauren Boebert. Two former clients cited this partisan shift as a reason to end their relationships with the firm.
Former employees expressed discomfort with the arrangement. “People asked me ‘Is this legal?’ I don’t know. ‘Is this ethical?’ Certainly not,” one former employee told Politico. Another said: “On one hand, maybe the owner of the company should be involved, but on the other hand she’s a judge.” Mascott maintained that she had consulted with legal and ethical advisors and that her recusal pledge addressed any conflicts. The firm’s remaining assets will be donated to a memorial fund for her late husband, she announced in June.
The situation reflects a broader push in Congress and the legal community for stricter judicial ethics standards. Court-expansion proposals have included calls for enhanced ethics guardrails on judges and justices, though enforcement remains limited. Mascott’s case illustrates the tension between allowing judges to maintain passive family assets and preventing active business involvement that could undermine public confidence in judicial impartiality.
Sources
- Politico — detailed reporting on Mascott’s management of Adfero, staff interviews, and client impact
- U.S. Courts — Code of Conduct for United States Judges, standards for family business participation
- Indiana University Mauer School of Law — Charles Geyh’s commentary on judicial ethics and time-commitment concerns
- Retired Federal Judge Nancy Gertner — analysis of the unique nature of Adfero’s work in influencing policy
- O’Dwyer PR — confirmation of Adfero’s closure date and historical client list
