Late Wednesday, IPWatchdog’s Gene Quinn reported that Chief Judge Moore has filed a document identified as a “judicial complaint” under the Judicial Conduct and Disability Act concerning Judge Newman. Quinn reports the document indicates Chief Judge Moore has “concern about Judge Newman’s overall ability to serve.” Late last night, Bloomberg Law’s Riddhi Setty and Michael Shapiro confirmed IPWatchdog’s report, noting some attorneys and legal academics commented that Chief Judge Moore’s allegations are “unprecedented.” Here are links to the two reports.
IPWatchdog’s report states that “Chief Judge Moore primarily makes two separate allegations against Judge Newman. First, that Judge Newman is slow to issue opinions, which affects the administration of justice. Second, Moore has apparently heard stories from colleagues and others at the court that cause her to have concerns about Judge Newman’s overall ability to serve.” But the report indicates “[n]umerous staff and colleagues with knowledge of the complaint filed against Newman have contacted IPWatchdog to both confirm the filing of the complaint and to vehemently oppose the allegations being made about Judge Newman’s competence.” This report indicates “IPWatchdog has learned that Chief Judge Moore was willing to resolve her grievance with Newman if she agreed to take Senior Status.”
Bloomberg Law’s report confirms “Federal Circuit Chief Judge Kimberly A. Moore filed a complaint alleging that fellow Judge Pauline Newman is unfit to fulfill her duties.” But Bloomberg Law also reports “[t]he chief judge’s allegations against Newman for habitual delay in issuing decisions were called ‘unprecedented’ by some attorneys and legal academics.” Bloomberg Law also states that “the complaint could go through a committee investigation to collect evidence,” “Newman may provide evidence to a judicial counsel,” and then “a seven-member body comprising appellate judges from a variety of circuits would come to a decision on the matter.”
We will report on developments.