Featured / Federal Circuit Announcement

This morning the Federal Circuit released additional materials in the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a group of letters and orders and, significantly, a July 31 report and recommendation of the special committee conducting the investigation. That report and recommendation:

  • finds the committee had authority to enter its orders,
  • concludes a reasonable basis for requiring medical examinations and the production of medical records,
  • finds Judge Newman’s refusal to cooperate with the committee’s orders is not justified by any good cause and constitutes misconduct,
  • and recommends Judge Newman not be permitted to participate in new cases for at least the next year or until she cooperates with the committee’s investigation into her fitness to serve as a judge.

Here is the full text of this morning’s announcement, with links to the released materials, including the report and recommendation.

Pursuant to Judge Newman’s request under Rule 23(b)(7) and pursuant to Rule 23(b)(8), the materials below are being released.  Judge Newman has also requested public release of the transcript of the oral argument held on July 13, 2023.  The Committee is prepared to release that transcript, but has been waiting for proposed redactions from Judge Newman since July 27.  Once Judge Newman proposes any redactions or confirms that she has none, the transcript will be released promptly.

Prior documents in this matter can be found on the court’s website. Neither the Judicial Council, Special Committee, nor the court are providing any additional statement at this time.