London Daily

Focus on the big picture.
Tuesday, Apr 29, 2025

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
Liverpool Clinches Record-Equalling 20th English League Title Under Arne Slot
Singapore Politicians Warn Against Foreign Interference in Election
Driver Ploughs into Vancouver Festival Crowd, Killing Nine
Depression, Fear of Defamation, and a Tragic End: New Details on Virginia Giuffre’s Suicide
“Sharia for UK, Allah Akbar!”
Massive Explosion at Iran's Bandar Abbas Port Linked to Suspicious Chemical Shipments
Incident Reflection: A Harsh Reality Check
Pakistani migrants to Danish man: “ “We have 5 children while you have 1 or 2. In 10 years, there will be more Pakistanis than Danes here.“
Clashes Erupt in London as Tensions Rise Between Indian and Pakistani Communities
Specialized anti-drone weapons deployed among security personnel Ahead of Papal Funeral
How do you fix this culture?
Corrupted from Within: How Deep State Power and Unelected Judges Hijacked Democracy Against the Will of the People
President Trump and Ukrainian President Zelensky just held an impromptu discussion on the sidelines of Pope Francis' funeral in Rome.
World Leaders Gather in Rome for Pope Francis's Funeral
Pope Francis Laid to Rest in Rome as World Leaders Attend Funeral
Alberta's Push for Independence Raises Questions About Canada's National Unity
Virginia Giuffre, Prince Andrew and Jeffrey Epstein accuser, dies by suicide
"China has survived for five thousand years, most of it without the United States as a market, and it can easily continue to survive without the U.S. market for another five thousand years — no problem," said a China analyst.
Elites vs. America: How Democrats Lost the Plot and the People
Pam Bondi Details Wisconsin Judge’s Actions Before Arrest: 'Can't Make This Up'
Not Child’s Play: How Competitive Gaming Became a Global Economic Empire
California Surpasses Japan to Become the World’s Fourth-Largest Economy
Peter Navarro: The Man Behind Trump’s Tariff Madness
Milwaukee Judge Arrested on Allegations of Aiding Undocumented Immigrant’s Escape
Former U.S. Congressman George Santos sentenced to eighty-seven months for wide-ranging fraud
Trump administration moves to BAN essentially ALL artificial food dyes in the USA food supply at RFK Jr.'s direction
Woman slaps man at sports game and gets herself and husband beat up
Pope Francis: head of the Catholic church who pushed for social and economic justice
China do not pay these tariffs - you pay it. This is new 145% tax you pay to the US government.
Nightlife in the streets of Manchester
In God We Profit
Cultural Battles in the Vatican: The Candidates in the Battle for the Holy See and Pope Francis's Testament
Global Leaders Pay Tribute to Pope Francis Following His Death
Wild Chimpanzees Observed Bonding Over Alcoholic Fruit
US Federal Reserve Chair Issues Warning on Tariff Impact
UK Prison Officers Demand Electric Stun Guns Amid Safety Concerns
China, China, China!
Australian National Charged as Mercenary for Fighting in Ukraine
Israel Considers Limited Strikes on Iran's Nuclear Facilities Amid Diplomatic Efforts
Prince Andrew Joins Royal Family Attends Easter Sunday Service at Windsor Castle
Saudi Arabia Offers Max Verstappen Unprecedented Deal to Join Aston Martin
Global Pistachio Shortage Amid Rising Demand for 'Dubai Chocolate'
Trump is assembling a coalition of Western leaders aligned with the MAGA vision, strengthening a unified front for global change
IMF Predicts No Global Recession Amid Trade Tensions
Here’s a police officer with a brilliant gift for swift education
"Some complain that we put thousands in prison. In reality, we set millions free."
This is Vienna, Austria in 2025.
Boeing Jet Returns to US from China Amid Tariff War
Canadian Federal Election: Candidates' Positions on US-Canada Relations and Donald Trump
Resentencing Hearing for Menendez Brothers Who Killed Their Parents Delayed Amid Legal Disputes
×