CAFC Judge Newman's Legal Representation Requests Proceeding on Her Fitness Be Transferred
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman retained the New Civil Liberties Alliance as counsel in the investigation of her ability to continue serving on the court. The alliance wrote a letter to Chief Judge Kimberly Moore, the judge who brought the case against Newman, requesting that the proceeding be transferred to another circuit and that Newman be fully restored to the court's calendar.
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"Chief Judge Moore’s unlawful action to bar Judge Newman from carrying out the duties of her appointed office poses significant constitutional difficulties because it impinges on the Constitution’s guarantee that federal judges hold and exercise the functions of their office 'during good behaviour,'" the alliance said in a press release. "Her action also violates due process of law and raises serious concerns about Chief Judge Moore’s ability to conduct this investigation impartially."
Moore brought the complaint against Newman in March, raising questions about the judge's ability to effectively do her job (see 2304140022). The alliance noted its issues with Moore's complaint, telling the chief judge that it is ambiguous as to whether Newman was given an opportunity to formally respond to the complaint before a three-judge special committee was appointed to look into Newman's physical and mental well-being.
Newman's counsel also said that Moore got her facts wrong. For instance, Moore said that Newman had her cases reduced in 2021, though the alliance said Newman served on 10 different panels, which is more than any other judge but two. The alliance also challenged Moore's allegation that Newman failed to cooperate with the proceedings since the judge failed to respond within three days to a past order directing her to submit to a medical examination by an expert chosen by the special committee.
"Leaving aside significant legal questions that such an order raises, three days is not sufficient time to obtain counsel and receive legal advice in responding to this order -- protections to which Circuit Judge Newman is entitled under the governing statute and the rules," the letter said. The alliance said that a proceeding such as this undoubtedly raises "a host of constitutional questions, but at the very least" needs to be transferred. "Indeed, transferring a complaint about a Circuit Judge appears to be standard practice within regional circuits."