U.S. appeals court judge faces rare probe into competency, misconduct
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[April 15, 2023]
By Blake Brittain and Andrew Goudsward
(Reuters) -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."
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The United States Court of Appeals for
the Federal Circuit is seen in Washington, D.C., U.S., August 30,
2020. REUTERS/Andrew Kelly/File Photo
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.
(Reporting by Blake Brittain and Andrew Goudsward in Washington;
Editing by David Bario, Bill Berkrot and Aurora Ellis)
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