Federal Circuit Investigating Ability of Judge Newman to Continue Serving on Court
The U.S. Court of Appeals for the Federal Circuit on April 14 confirmed that a three-judge special committee is looking into a complaint against Judge Pauline Newman's ability to continue serving on the court. Judge Kimberly Moore brought the complaint against Newman, 95, after alleging probable cause she carried out "conduct prejudicial to the effective and expeditious administration of the business of the courts" and is unable to perform her duties due to a "mental or physical disability."
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Moore filed the complaint under seal in March under Rule 5 of the court's Rules for Judicial-Conduct and Judicial-Disability Proceedings. The brief noted that in the summer of 2021, Newman agreed to be taken off motion panels due to a redacted health issue. The judge later fainted after an oral argument in 2022, leading to a further reduction in sittings. Moore said that despite these reductions, other judges and staff members have relayed concerns about Newman's ability to carry out the work of an active judge.
After hearing concerns about Newman's "cognitive abilities," Moore launched an inquiry on the number of cases the judge heard and opinions she wrote, both of which were well below the mean for an average judge on the court, the complaint said. Newman authored nine opinions from October 2020 to September 2021 compared with 39.5 majority opinions penned by active judges. The complaint said Newman often takes 30 or more days to vote on colleagues' opinions, while court rules require judges to vote within five business days. Moore also pointed to a number of cases that needed to be reassigned from Newman due to "lengthy delays."
A three-judge special committee made up of Moore and judges Sharon Prost and Richard Taranto was appointed March 24. The committee said April 7 there is a "reasonable basis" to find Newman "might suffer a disability that interferes with her ability to perform the responsibilities of her office." As a result, the judges brought on an expert who recommended Newman "undergo medical testing." The committee requested Newman tell the judges by April 11 whether she would undergo the testing. Having not received a response, the committee expanded the scope of the investigation "to include an inquiry into whether the subject judge's non-cooperation constitutes misconduct." Newman also refused to accept service of orders issued as part of the investigation, instructing the mailroom at her residence to refuse to accept the orders and saying she "was not interested in receiving any documents."