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Judge Pauline Newman, the Federal Circuit’s oldest and longest-serving judge, is seeking to have the chief judge’s complaint about her fitness to remain on the bench moved to a different circuit, so a potentially more neutral venue can handle the unusual personnel dispute. The New Civil Liberties Alliance (NCLA) filed a letter with the US Court of Appeals for the Federal Circuit and the US Supreme Court requesting that circuit transfer, saying it would be better for “public confidence” to move the case outside of the Federal Circuit. Supreme Court Chief Justice John Roberts received a copy of the letter because he is the justice assigned to handle emergency matters at the Federal Circuit and because he’s head of the federal judiciary’s governing body.
The case raises thorny issues about the process for addressing a judge’s alleged physical and mental impairments and renews questions about lifetime judicial appointments. Chief Judge Kimberly Moore initiated the complaint and is in a position to adjudicate it. However, as Newman’s colleagues overseeing the probe could be called “as fact witnesses in the proceeding, the letter questions whether any Federal Circuit committee can “investigate or render any determination without creating the appearance of prejudice if not actual prejudice.”
Newman has received a reduced workload since 2021 after she fainted following an oral argument session and experienced at least one other health-related incident. Moore and other colleagues tried to coax Newman to take senior status at the court, but Newman “became angry” and has been unreceptive to Moore and other colleagues’ communication attempts. Moore recited concerns from court staff that Newman “may suffer from impairment of cognitive abilities (i.e., attention, focus, confusion, and memory)” that renders her unable to perform case-related and administrative duties.
Nominated by President Ronald Reagan, Newman became the Federal Circuit’s first direct appointee in 1984. In her nearly 40 years on the court, Newman has gained a reputation as one of its most prominent dissenters. Moore, nominated by President George W. Bush, succeeded Judge Sharon Prost as chief judge in 2021 and is known as a sharp questioner and colorful opinion writer.
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NCLA says its mission is to “tame the unlawful power of state and federal agencies,” according to its website. The group has also asked that Newman be immediately restored to her full capacity as a Federal Circuit judge, including access to a full complement of law clerks and courthouse technology and support systems.
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Sources previously told Bloomberg Law that it’s hard to say how the probe will shake out given the uncharted territory that the complaint ventures into. However, “internal tensions” are one reason a circuit transfer might be requested. As the Federal Circuit, considered the nation’s top patent tribunal outside of the Supreme Court, was created after the Court of Customs and Patent Appeals and the appellate division of the US Court of Federal Claims merged, it is difficult to predict how this case will be handled.
In conclusion, the request by Judge Pauline Newman and the New Civil Liberties Alliance to transfer the chief judge’s complaint about her fitness to remain on the bench to a different circuit raises important questions about the process for addressing a judge’s alleged physical and mental impairments. It also highlights the issue of lifetime judicial appointments and the need for a neutral venue to handle personnel disputes. As this internal court battle continues, it remains to be seen how it will be resolved and its impact on the Federal Circuit and the broader judiciary.
