London Daily

Focus on the big picture.
Wednesday, Jun 17, 2026

US appeals court judge faces rare probe into competency, misconduct

US appeals court judge faces rare probe into competency, misconduct

A federal appeals judge in Washington is under investigation by her own court for allegedly failing to carry out her duties and refusing to respond to other judges' concerns, court officials at the U.S. Court of Appeals for the Federal Circuit said on Friday.

An order signed by Federal Circuit Chief Judge Kimberly Moore said a three-judge committee had determined that Judge Pauline Newman, who is 95, may "suffer a disability that interferes with her ability to perform the responsibilities of her office."

Newman is also under investigation for misconduct for refusing to cooperate with the probe or submit to a medical evaluation, Moore said in the order, dated Thursday.

Newman and Moore did not immediately respond to emailed requests for comment.

In an earlier order in March, Moore said Newman had shown signs of cognitive and physical impairment, delayed filing opinions, disclosed sensitive medical information to her staff and allowed one of her law clerks to exhibit unspecified "unprofessional and inappropriate behavior."

The March order said that half of the court's active judges expressed concern about Newman's mental fitness. Newman had refused to consider senior status, a form of semi-retirement, calling herself the only person on the court "who cared about the patent system and innovation policy," the order said.

Newman is a leading intellectual property law jurist and a prominent dissenter on the patent-focused Federal Circuit, which often hears major cases involving technology and pharmaceutical companies. She was appointed to the bench by Republican President Ronald Reagan in 1984.

The March order said Newman has participated in 60 cases since June of last year, while the average active judge participated in 116.

The Federal Circuit acknowledged the probe in a Friday statement. It said court officials "all recognize and admire the lifelong contributions of the justly esteemed Judge Newman," and "are committed to fulfilling their difficult obligations in this process."


RARE PROBE


It is highly unusual for a U.S. judge to face a complaint from a colleague on the bench, especially on an issue as delicate as their competence to serve.

Arthur Hellman, a University of Pittsburgh law professor who studies the federal courts, said judges typically handle concerns about a colleague’s age or fitness through closed-door conversations, sometimes involving the judge’s family.

“In the overwhelming majority of cases, it's dealt with without any sort of formal proceeding and without any sort of public knowledge,” Hellman said.

Federal judges serve lifetime appointments in the United States. A 1980 law allows for complaints against them for misconduct or if a disability calls into question their ability to serve.

The average age of federal appeals court judges was about 65 in 2017, according to a report from the Congressional Research Service.

Some lawyers who practice before the Federal Circuit said they found the Newman probe surprising.

“There’s no clear indication when you’re around Judge Newman that she’s not understanding things,” said Blair Jacobs, a patent law attorney at law firm McKool Smith who said he was last before the judge in February.

The committee investigating Newman will report its findings to the Federal Circuit’s judicial council, which could reject the complaint or impose sanctions, including a private censure or recommendation that the judge retire.

If a judge refuses to retire take senior status, the council can certify that they have a disability, allowing the U.S. president to nominate another judge.

Newsletter

Related Articles

0:00
0:00
Close
Government Advances New Airport Slot Rules to Ease Airline Operating Constraints
BBC Opens Flagship Science-Fiction Franchise to Competitive Production Bids
Chancellor Meets City Leaders Amid Concerns Over Gilt Market Liquidity
Rathbones Shares Fall Seventeen Percent After Regulatory Review Reveals Compliance Failings
United Kingdom Joins Group of Seven Initiative Using Artificial Intelligence and Quantum Computing for Cancer Research
Parliament Debates Doubling Tax Allowance for Pensioners After Major Public Petition
Measles Cases Exceed Seven Hundred in London and the West Midlands
British Military Leadership Faces Parliamentary Scrutiny After Defence Secretary's Sudden Resignation
House of Lords Begins Debate on Steel Industry Nationalisation Legislation
Parliament Advances Bill to Abolish NHS England and Create Single Patient Records
Parliament Fast-Tracks National Security Bill to Expand Powers Against Foreign Threats
United Kingdom and European Union Set July Summit to Deepen Post-Brexit Cooperation
United Kingdom Imposes Seventy New Sanctions on Russia and Expands Support for Ukraine's Nuclear Sector
United Kingdom Announces Social Media Ban for Children Under Sixteen
0British Government Investigates Reports of Russian Warship Firing Warning Shots Near Isle of Wight
UK Supreme Court Revises Legal Definition of Deprivation of Liberty
King’s Birthday Honours Recognise Contributions Across Science, Culture and Public Service
UK Ministry of Defence Reports Interdiction of Russian Shadow Fleet Vessel
UK and US Launch Joint Regulatory Programme for Medicines and Healthcare Products
Solicitor General Refers Murder Sentence to Court of Appeal Under Unduly Lenient Scheme
UK Launches £1.6 Million Mobile Museum Initiative to Expand Cultural Access
Judicial Pay Structure Undergoes Government Review Following Senior Recommendations
Government Confirms Nearly 180 New Youth Hubs Across the United Kingdom
UK Government Expands Careers Support Through Partnership with LinkedIn
Digital News Report Highlights Growing Global Concern Over AI and Information Overload
UK Chancellor Reaffirms Fiscal Discipline and Borrowing Reduction Strategy
UK Government Invests £219 Million in Sustainable Aviation Fuel Development
Rolls-Royce Small Modular Reactors Secures Major Swedish Export Contract
Government Confirms Locations for Nearly 180 Youth Hubs Across Great Britain
UK Government Partners with LinkedIn to Expand Employment Support Services
Reuters Institute Report Flags Rising Public Anxiety Over News and Information Overload
UK Government Commits £219 Million to Expand Sustainable Aviation Fuel Industry
Chancellor Convenes Market Engagement Group to Assess UK Economic Outlook and Productivity Risks
Rolls-Royce Wins Multibillion-Pound Swedish Contract for Small Modular Nuclear Reactors
Government to Ban Social Media Access for Under-Sixteens Across the United Kingdom
Government Approves Fast-Tracked Broadcast Merger Reshaping UK's Media Landscape
Resignation of Defence Secretary John Healey Triggers Debate Over UK Military Strategy
Britain Intensifies Diplomatic Efforts to Support US-Iran Ceasefire
Bank of England Faces Tough Interest Rate Choices After Economic Contraction
Belfast Sees Second Day of Anti-Migrant Riots as Police Deploy Water Cannons
UK Economy Shrinks in April as Energy Price Shocks Weigh on Growth
UK to Ban Social Media Access for Children Under 16 From 2027
UK Parliament Opens Week of Fast-Tracked Security and Infrastructure Legislation
Northern Ireland Projects £21 Million Boost From Major Cultural and Sporting Events
UK and Japan Sign Technology Security Pact to Strengthen AI and Supply Chain Cooperation
UK Welcomes US-Iran Peace Breakthrough Aimed at Restoring Strait of Hormuz Shipping
British Forces Intercept Russian Shadow Fleet Oil Tanker in English Channel Sanctions Operation
UK to Ban Social Media for Under-16s Under Landmark Online Safety Expansion
Anti-Immigrant Riots Spread Across Belfast, Raising Security Concerns
Ministry of Defence Opens Europe's Largest Drone Testing Facility in Swindon
×