London Daily

Focus on the big picture.
Wednesday, Jun 24, 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
UK Biotechnology Sector Receives Increased Public Funding to Support Regional Growth
Police Chiefs Update National Protest Management Guidelines Amid Rising Demonstration Activity
UK Aviation Regulator Expands Support for Regional Airports to Strengthen Domestic Routes
CMA Launches Investigation Into Retail Pricing Across UK Grocery Sector
UK Energy Operator Warns of Winter Supply Pressures Despite Stable Overall Grid Outlook
UK Research Council Expands Funding for Regional Biotechnology and Life Sciences Clusters
UK Compensation Scheme for Post Office Horizon Scandal Reaches 80 Percent Completion
Police Chiefs Issue Updated National Guidance on Managing Large Public Demonstrations
UK Expands Regional Airport Funding Scheme to Boost Domestic Connectivity
UK Competition Watchdog Launches Inquiry Into Grocery Pricing Practices
National Grid Warns of Tight Energy Management Needs During Upcoming Winter Peak Demand
UK Education Department Introduces National Standards for AI Use in Secondary Schools
UK High Court Clears North Sea Carbon Capture Project After Final Legal Challenge Fails
Northern Ireland Leaders Hold Emergency Talks on Trade Disruption Under Windsor Framework
Welsh Government Moves to Expand Social Housing in Response to Severe Affordability Pressures
UK Economy Sees Unexpected Rise in Business Investment in Second Quarter, ONS Data Shows
Scottish Government Unveils Multi-Billion Pound Investment Plan for Renewable Energy and Grid Expansion
UK and EU Agree Enhanced Defence Cooperation Pact Covering Intelligence and North Sea Security
Prime Minister Orders Independent Review of NHS Performance After Record Waiting Lists
Bank of England Holds Interest Rates at 5 Percent as Services Inflation Remains Persistent
UK Heatwave Disrupts Transport, Healthcare and Public Services as Red Weather Alerts Expand Nationwide
Barclays Warns of Growing Cyber Risk Divide Between Large UK Firms and Micro Businesses
European Defence Plans Including Ukraine Integration Prompt UK Strategic Reassessment
UK Equity Markets React as US–Iran Peace Roadmap Eases Oil Price Pressures
United Kingdom Expands Global Clean Energy Partnerships With Brazil, Morocco and Tanzania
Lord David Frost Urges Incoming UK Leadership to Abandon EU Regulatory Reset Strategy
Housing Groups Support Amendment to Strengthen Fire and Gas Safety Access Powers in Social Housing
South London NHS Estates Staff Ballot on Industrial Action Over Pay Structures in Hospital Maintenance Services
United Kingdom Government Invests £60 Million in AI Research Labs at Oxford and University College London
Barclays Cyber Security Report Highlights Rising Threat Exposure Among UK Small Businesses in AI-Driven Attacks
UK Met Office Heatwave Triggers Transport Warnings as Rail Operators Urge Cancellations Amid Infrastructure Strain
South London NHS Estates Workers Ballot for Strike Action Over Pay Disputes Across Major London Hospitals
Barclays Warns of Severe Cyber Security Gap Between Large Corporations and Small Businesses in the United Kingdom
United Kingdom Government Allocates £60 Million for Artificial Intelligence Research Laboratories at Oxford and UCL
National Health Service Approves Teplizumab Treatment to Delay Onset of Type One Diabetes in First European Rollout
Met Office Issues Rare Red Extreme Heat Warning Across London, South East and West Midlands as Transport and Health Systems Face Disruption
Prime Minister Keir Starmer Resigns After Labour Party Revolt Following Economic Stagnation and Local Election Losses
United Kingdom Economy Contracts for Second Consecutive Month as Private Sector Weakens and Job Loss Fears Rise
Taxpayer Support Grows for Higher Digital Levies on Multinational Tech Companies
Bank of England Signals Caution Over Inflation Despite Easing Energy Prices
Lloyds Banking Group Expands Artificial Intelligence Hiring Amid Sector-Wide Automation Shift
Film Producer Corporate Collapse Leaves Creditors Facing Unrecoverable Losses
UK Ten-Year Brexit Anniversary Highlights Ongoing Political and Economic Uncertainty
Nottingham Maternity Scandal Inquiry Reveals Systemic Failings in NHS Care
Met Office Heatwave Prompts Public Health Warnings Across United Kingdom
Concerns Rise Over Fiscal Stability as Political Uncertainty Weighs on UK Borrowing Costs
UK Taxpayers Back Higher Digital Taxes on Global Technology Firms, Survey Shows
Bank of England Holds Interest Rates Steady Amid Persistent Services Inflation
Reform UK and Opposition Leaders Call for General Election Following Starmer’s Departure
Ten Years After Brexit Referendum, UK Faces Ongoing Political Fragmentation and Economic Debate
×