FedCircuitBlog

This morning the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States released a memorandum of decision unanimously denying a petition filed by Judge Newman. That petition asked the Committee to review the order of the Federal Circuit’s Judicial Council that suspended Judge Newman for the period of at least one year. Today’s memorandum includes the following findings:

• “We find that the Chief Circuit Judge and the Federal Circuit Judicial Council did not abuse their discretion by declining to request a transfer”;
• “we find no error in the Judicial Council’s conclusion that, based on the evidence gathered by the Special Committee, there was a reasonable basis for requesting that Judge Newman undergo a medical evaluation;” and
• “[w]e find that the sanction is consistent with sanctions imposed in a variety of contexts under the Act, and a one-year suspension of cases is not grossly in excess of other suspensions imposed under the [Judicial Conduct and Disability] Act.”

Here is the introduction and a link to the memorandum.

Yesterday the Federal Circuit released two notices. One announced the court would be closed yesterday due to inclement weather, while the other announced the court would open today on time. Here is the text of the notices.

This morning the Federal Circuit announced that amendments to the Federal Circuit Rules go into effect today. As part of implementing various changes, the court updated its rules, forms, guides, and fee schedule. Here is the text of today’s announcement and links to various related documents.

This morning, the Federal Circuit unveiled an announcement that was first given to attendees of the Federal Circuit Bar Association’s Annual Dinner and Reception on Friday. The Court announced plans for the creation of a 2,400 square-foot learning center in Washington, DC that will focus primarily on providing unique learning opportunities focused on the intersection of law and technology to students in the local community. The center is currently planned to open in September 2024. Here is the full text of the announcement.

This morning, the Federal Circuit provided notice on its website of increased fees taking effect on December 1. The court says the new fees reflect inflationary increases to various miscellaneous court fees and additional increases to local fees. Here is the full text of the announcement.

Yesterday, the Federal Circuit released the following announcement on its website:

For Friday, November 10, 2023, the United States Court of Appeals for the Federal Circuit is closed in observance of the federal holiday, pursuant to Federal Rule of Appellate Procedure 26(a)(6). Our offices will reopen on Monday, November 13, 2023.

Accordingly, the Federal Circuit did not release any opinions or orders today.

This morning, the Federal Circuit announced that Chief Judge Moore will be revealing “a forthcoming new initiative at the court” at this year’s Federal Circuit Bar Association Annual Dinner & Reception. This event is scheduled for Friday, November 17 from 6:30 to 9:30 pm at the Mayflower Hotel in Washington, DC. No details were provided regarding the initiative. Here is the full text of today’s announcement with a link providing more information on the logistics related to the event.

This morning, the Federal Circuit released an announcement that the Court will remain “open for business” and all filing deadlines will remain in effect in the event of a lapse in federal appropriations on Sunday, October 1. Here is the full text of and a link to this morning’s announcement.

This morning the Federal Circuit released additional materials pertaining to the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a redacted audio recording and various letters and orders, including a 375-page document containing a 73-page unanimous per curiam order of the court’s Judicial Council dated today along with numerous redacted supporting attachments. Most significantly, today’s order suspends Judge Newman for the period of at least one year. The order states:

1. “Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of  modification or rescission if justified by an end of the refusal to cooperate.”
2. “The Committee shall maintain jurisdiction over this matter.”

Here is the full text of this morning’s announcement, with links to the released materials, including today’s order and attachments along with prior letters and orders and a redacted audio recording.

Late yesterday, the Federal Circuit announced the release of a redacted version of a transcript from the July 13, 2023 proceeding regarding Judge Newman, as well as an order relating to the language in the redacted transcript. The transcript was released to the public at the request of Judge Newman. Judge Newman, however, objected to the insertion of the generic descriptor “cardiac condition” as a substitute for a more specific phrase describing her condition that both the Committee and Judge Newman proposed to black out. The special committee overruled Judge Newman’s objection. Here is the full text of the announcement.