CAFC Judicial Council Prevents Judge Newman From Hearing New Cases Amid Fitness Probe
The Judicial Council of the Federal Circuit voted to exclude Judge Pauline Newman from being assigned new cases amid a probe into her fitness to continue serving as a judge on the influential patent and trade court. The council said that Newman's backlog of opinions and significant delays in issuing opinions when they do come out warrants precluding the 95-year-old judge from presiding over any more cases.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
"In light of Judge Newman’s continued backlog of cases, and her inability to clear the backlog despite the absence of new cases assignments demanding her attention, the Council concludes upon de novo consideration that Judge Newman is not expeditiously carrying out the work of the Court, that assigning her new cases will only further interfere with expeditious execution of the work of the Court, and that an order precluding Judge Newman from new case assignments is warranted," the order said.
Chief Judge Kimberly Moore opened the investigation on Newman in March given concerns about the judge's ability to effectively do her job and suspicions that Newman is suffering from a disability, restricting the court from fully carrying out its duties (see 2304140022). Moore then formed a special committee to investigate the matter, composed of Judges Moore, Sharon Prost and Richard Taranto.
The committee ordered Newman to undergo neurological examinations and to appear for an interview with the committee. Newman refused, leading the committee to give Newman until July 5 to submit a brief addressing the question of whether her refusal to comply constitutes misconduct. Oral argument will be held on the issue on July 13. This order was released along with others from the proceeding per Newman's request.
The most recent order issued by the council, and released by the committee, was the one removing Newman from case assignment circulation. The order discusses Newman's backlog of cases, which, as of early March, stood at nine pending opinions, one of which was 454 days old. The council was particularly concerned about this backlog considering that it has not abated, the judge has three law clerks, she has not been assigned any new cases "for April, May, June, or July," and she has not sat on motion panels since January 2021.