FedCircuitBlog

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.

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.

Late yesterday, the Federal Circuit announced the public release of a letter and order in the ongoing investigation into Judge Newman’s fitness to serve as a judge. The letter seeks “clarification of the Special Committee’s order as to the scope of investigation and the hearing” scheduled for July 13 and requests “that the hearing be open to the public.” The order indicates the July 13 hearing will not be open to the public. It also indicates “the only subject counsel should address in the brief due on July 5 (and at the hearing on July 13) is whether Judge Newman’s refusal to comply with the Committee’s orders seeking (i) neurological and neuropsychological testing, (ii) medical records, and (iii) an interview constitutes misconduct.” Here is the full text of the announcement, with links to the letter and order.

Late yesterday, the Federal Circuit announced the public release of additional prior orders and letters in the ongoing investigation into Judge Newman’s fitness to serve as a judge. Notably, the orders continue to prohibit Judge Newman from being assigned to new panels of cases, and one order indicates the Committee conducting the investigation “will focus on the question whether Judge Newman’s refusal to cooperate with the Committee’s investigation constitutes misconduct.” To that end, the Committee also set a deadline of July 5 for Judge Newman to submit “a brief limited to addressing the question whether Judge Newman’s refusal to undergo examinations, to provide medical records, and to sit for an interview with the Committee as described in the May 16 Order constitute misconduct and the appropriate remedy if the Committee were to make a finding of misconduct.” The Committee also indicated it will hear oral argument on the matter on July 13 in a closed-door hearing. Here is the full text of the announcement, with links to the orders.

Yesterday, the Federal Circuit announced that it intends to sit in the Atlanta area as part of its October 2023 session. Here is the full text of the announcement.

Late yesterday, the Federal Circuit announced the public release of all prior orders and responses in the ongoing proceeding challenging Judge Newman’s fitness to serve as a judge on the court. Here is the full text of the notice, which includes links to the underlying documents.

As we reported this earlier this morning, news reports have circulated in the last 36-hours about Chief Judge Moore having concern with Judge Newman’s ability to serve as an active judge on the Federal Circuit. In response, the Federal Circuit just issued a Statement of the Judicial Council of the Federal Circuit. This statement addresses these reports and confirms that a proceeding under the Judicial Conduct and Disability Act has been initiated. Along with the statement, the Judicial Council notably unsealed two orders issued by the Council to provide transparency with respect to the ongoing proceeding. Here is the full text of today’s statement with links to the relevant orders.

Yesterday, the Federal Circuit issued a notice of Limited CM/ECF Availability on Friday, April 7, 2023 through Sunday, April 9, 2023. In it, the court announced that the court’s electronic filing system (CM/ECF) will be unavailable between Friday, April 7, 2023, at 6:00 p.m. (Eastern) through Sunday, April 9, 2023, at 6:00 p.m. (Eastern). Here is the full text of the announcement.