Chief Judge Kimberly A. Moore of the Federal Circuit has filed a complaint against Judge Pauline Newman, alleging that Newman is unfit to fulfill her duties. The complaint, filed under the 1980 Judicial Conduct and Disability Act, claims that Newman has not kept up with her workload and is, therefore unfit to serve as a judge. The law provides a process through which anyone can complain about a judge’s alleged lack of fitness, and it can result in a range of sanctions, including a request for a judge to retire voluntarily.
This legal dispute occurs in the US Court of Appeals for the Federal Circuit, often described as the nation’s top patent court. According to the Intellectual property blog IP Watchdog.com, Chief Judge Moore’s allegations against Newman for the habitual delay in issuing decisions were called “unprecedented” by some attorneys and legal academics who spoke to Bloomberg Law.
Complaints under the Judicial Conduct and Disability Act against district and appellate judges often allege other types of misconduct, such as sexual harassment or ethics violations. Arthur Hellman, a law professor at the University of Pittsburgh and an expert on the structure of the federal appellate court system and judicial ethics, said that “there’ve been judges who exasperated their colleagues because they’re so slow and meticulous and write their own footnotes, but I’m not sure it ever occurred to anyone to use the misconduct process” to address it.
Newman, 95, was nominated to the Federal Circuit by former President Ronald Reagan and confirmed in 1984. Chief Judge Moore, now 54, was nominated by former President George W. Bush to the appeals court in 2006 and became chief judge in 2021.
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It’s unclear whether Moore’s allegations focus on Newman’s physical or mental abilities or where the complaint is in the procedural process. One source said the complaint could go through a committee investigation to collect evidence, and Newman may provide evidence to a judicial counsel. Following this, a seven-member body comprising appellate judges from various circuits would decide on the matter.
The Federal Circuit’s clerk’s office did not respond to requests for comment.
The Judicial Conduct and Disability Act contains a provision that allows complaints to be transferred to other appeals courts for review and potential investigation. “I would expect that to happen here,” Hellman said.
“The fact that you have a chief judge initiating a complaint against a long-time colleague would suggest this ought to be handled by the chief judge and circuit council” of another federal appeals court, Hellman said.
Hellman said a complaint based on a judge’s habitual delay in reaching opinions is “unusual” and an “extraordinary step,” but not out of the question under federal rules.
“Delay in a single case is not misconduct, but if you have a pattern in a significant number of cases, it’s possible that that would be the basis of a complaint,” he said.
If a circuit or district judge is eligible to retire but doesn’t, one sanction under the law involves certifying the disability of the judge so that an additional judge may be appointed. Some judges hit with complaints retire to avoid investigations.
The situation has raised eyebrows in the legal community, with some attorneys and legal academics calling the allegations unprecedented. The case is being closely watched by legal experts and the public alike, with many wondering how it will be resolved and the potential ramifications for the judiciary.