London Daily

Focus on the big picture.
Tuesday, Sep 08, 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
Counter-Terrorism Police Lead Salford Investigation After Two Teenagers Charged
UK Rejects Financial Reparations for Transatlantic Slavery
UK and Egypt Step Up Diplomacy Over Escalating West Bank Tensions
UK Pauses Council Reorganisation Across Four English Counties
Jaguar Land Rover Plans 4,000 Job Cuts in Major UK Restructuring
UK Unveils Planning and Regulatory Overhaul to Speed Infrastructure and Economic Growth
University of Bristol Opens £500 Million Innovation Campus
Families Give Evidence to Independent Review of Sussex Maternity Failures
Sweden Confirms Deportation of 458 British Citizens Over Post-Brexit Residency Rules
UK Launches £3 Million Challenge for Long-Duration Energy Storage
Reform UK Proposes £100 Billion in Spending Cuts and Brownfield Deregulation
Andy Burnham Warns Macron That EU Procurement Rules Could Hurt British Steel
Andy Burnham Faces Major Decision on Future North Sea Oil and Gas Drilling
SEND Support in England Projected to Reach One in 10 Pupils
England’s Housing Courts Struggle With Surge in No-Fault Eviction Cases
Violent Clashes Erupt in Portsmouth During Protest Against Asylum Processing
Three-Quarters of NHS Emergency Staff Report Regular Violence or Aggression
UK Considers Converting Female Prison Space for Male Inmates as Overcrowding Worsens
UK House Prices Record First Annual Decline in Nearly Three Years
UK Government Reassesses Policy Toward Israel Amid Calls for Diplomatic Shift
Reform UK Faces Police Scrutiny Over Alleged Foreign Donations Scheme
University of Bristol Opens £500 Million Temple Quarter Enterprise Campus
Online Bookmakers Accused of Privacy Breaches Through Cookie Consent Practices
Health Campaigners Urge UK Government to Abandon U.S. Pharmaceutical Agreement
Three-Quarters of UK A&E Staff Report Regular Violence or Aggression
Far-Right Demonstrations Target Portsmouth as Small-Boat Crossings Fuel Tensions
UK Records Hottest Summer on Record After Severe Heatwaves
UK Travellers Face Renewed EU Border Delays as Temporary Flexibility Ends
UK Rejects Calls to Pause AI Data Centre Expansion Despite Energy Concerns
UK Defence Figures Push for 3% Spending Target Amid Falklands Concerns
England Faces Rising Financial Pressure as Special Educational Needs Plans Surge
Metropolitan Police Consider Reform UK Probe Over Overseas Donations
Keir Starmer to Leave Parliament, Triggering By-Election
UK Treasury Weighs Windfall Taxes on Banks and Oil Companies Amid Bond Market Turmoil
Jaguar Land Rover to Cut Thousands of Jobs as UK Government Rules Out Bailout
OpenAI Unveils GPT-6 and Says: "We May Already Have Reached AGI"
Congressman Accused Andrew of Sex Crimes in the United States
Donald Trump: "I'm Glad Harry and Meghan Left the United States"
Spicy Food Is Linked to Lower Death Risk — but It Is Not a Miracle Cure
AfD Enters Saxony-Anhalt Election at 41% in Historic Test for German Politics
Gen Z Turns to Investing as America's First-Home Dream Moves Further Out of Reach
Thousands Join London March Calling for Tighter Abortion Restrictions
Institute of Directors Says Tax and Regulatory Uncertainty Still Weighs on UK Investment
Bank of England Faces Rate Dilemma as Weak Growth and Persistent Inflation Raise Stagflation Risks
Masked Anti-Immigration Protesters Block Roads to Port of Dover
Prime Minister Andy Burnham Sets Out Devolution and Re-Industrialisation Agenda
British Chambers of Commerce Forecasts UK Growth of Just 1% Through 2027
UK Government Advances Bill to Tighten Rules on Overseas Political Donations
Nigel Farage Faces Scrutiny Over Alleged Reform UK Donation-Law Evasion
Thousands Join Anti-Abortion March Through Central London
×