Notices & Announcements

Statement of the Judicial Council of the Federal Circuit*

Recent public reports state that a proceeding under the Judicial Conduct and Disability Act and the implementing Rules for Judicial-Conduct and Judicial-Disability Proceedings has been initiated naming Judge Pauline Newman as the subject judge.  No member of the Judicial Council was a source of the information reported, which the reports attribute to persons who have read documents filed in the described proceeding.

Rule 23 imposes strong obligations of confidentiality regarding misconduct and disability proceedings.  But Rule 23(b)(1) authorizes a judicial council to disclose the existence of a proceeding under the Rules when necessary or appropriate to maintain public confidence in the judiciary’s ability to redress misconduct or disability, and Rule 23(b)(8) authorizes a judicial council in special circumstances to disclose information about the consideration of a complaint under the Rules.  The Commentary to Rule 23 explains: “Under subsection (b)(8), where a complainant or other person has publicly released information regarding the existence of a complaint proceeding, . . . a judicial council . . . may authorize the disclosure of information about the consideration of the complaint, including orders and other materials related to the complaint proceeding, in the interest of assuring the public that the judiciary is acting effectively and expeditiously in addressing the relevant complaint proceeding.”

The Judicial Council of this Circuit has determined that it would serve the important public interests articulated by the Rule for the Council to make this public statement.  The Council confirms the existence of a proceeding under the Act and Rules naming Judge Newman as the subject judge.  Reflecting events at the court, the Chief Judge, carrying out her obligations to the judiciary and the public under the Act and Rules, “identif[ied] a complaint” based on the determinations that there was “probable cause to believe that misconduct has occurred or that a disability exists” and that “no informal resolution [had been] achieved or is feasible.”  Rule 5(a).  The multi-stage process established by the Rules for investigating and adjudicating the allegations supporting such probable cause is now under way.  That process—in which the rights of any subject judge are protected, there are opportunities for voluntary resolution, and allegations can be added when warranted—involves first a Special Committee of judges within the Circuit (Rules 12–17) and then the Judicial Council (Rules 18–20), with review available by the Judicial Conference’s Committee on Judicial Conduct and Disability (Rules 21–22).  The Chief Judge, the Special Committee, and the members of the Council, who all recognize and admire the lifelong contributions of the justly esteemed Judge Newman, are committed to fulfilling their difficult obligations in this process.

In the interest of transparency, the Council attaches two orders from the proceeding, with appropriate redactions, to add information about some of the allegations under consideration. The March 24, 2023 Order and the April 13, 2023 Order are available on the court’s website.

*For purposes of this statement, the Judicial Council does not include Circuit Judge Pauline Newman.

Limited CM/ECF Availability on Friday, April 7, 2023 through Sunday, April 9, 2023

Due to an extended maintenance window for the court’s electronic filing system (CM/ECF), the CM/ECF system will be unavailable from Friday, April 7, 2023, at 6:00 p.m. (Eastern) through Sunday, April 9, 2023, at 6:00 p.m. (Eastern). While the system may be available for intermittent accessing of documents, filers should not attempt to file any new documents with the court during this maintenance window.

Live Chat Feature Now Available on Federal Circuit Website

The Clerk’s Office is pleased to announce the launch of a live chat feature on the court’s website.  This new feature supplements current communication methods and allows public users to receive real time assistance from a Clerk’s Office staff member without having to call the Clerk’s Office.  The live chat is completely browser-based and does not require users to download any software prior to use. To speak with a member of the Clerk’s Office, please click on the “Let’s chat” button on the bottom right corner of the screen.

Clerk’s Office staff are available to assist members of the public by telephone or live chat during the normal operating hours of Monday through Friday, 8:30 a.m. – 4:30 p.m. (Eastern).

Notice of New Federal Circuit Rules, Court Forms, Guides, and Filing Resources

The March 1, 2023 amendments to the Federal Circuit Rules go into effect today.  The final version of the Federal Circuit Rules (pdf) is available on the court’s website and will apply to all cases filed or pending on or after March 1, 2023, to the extent practicable.  The court has also adopted changes to many of its official forms, including forms 1, 5, 6, 8B, 9, 9A, 16, 18, 24, 32, and 33. These forms should be used, as required, for any filings made on or after March 1, 2023.  All updated and existing forms are located on the court’s website.

As part of the implementation of these amendments, the Clerk’s Office has issued updated versions of the Electronic Filing Procedures (pdf), Guide for Oral Argument (pdf), Guide for Unrepresented Parties (pdf), and additional content throughout the court’s website.

Appointment of New Circuit Executive and Clerk of Court for the Federal Circuit

The court is pleased to announce the selection of Jarrett B. Perlow as the next Circuit Executive and Clerk of Court for the U.S. Court of Appeals for the Federal Circuit. Mr. Perlow will be succeeding Peter R. Marksteiner as Circuit Executive and Clerk of Court, who is retiring as of June 30, 2023. Mr. Perlow will officially assume the responsibilities of Circuit Executive and Clerk of Court on July 1, 2023.

The full notice is available on the court’s website.

Notice of Adopted Amendments to the Federal Circuit Rules of Practice

Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit has adopted amendments to Federal Circuit Rules of Practice 25, 26, 27, 28, 28.1, 30, 31, 32, 33, 33.1, 34, 35, 39, 40, 41, 47.4, 47.5, and 47.6. The court received and reviewed public comments on the proposed amendments, and the court has ordered the adoption of the proposed amendments, as amended, effective March 1, 2023.

The court’s website contains the court’s order adopting these amendments, a draft proof copy of the Federal Circuit Rules of Practice, a summary of the adopted amendments, and an explanation of substantive modifications to the proposed amendments following the public comment period.

The final version of the Federal Circuit Rules of Practice incorporating these amendments will be available on the court’s website by February 27, 2023.  As part of the implementation of these amendments, the Clerk’s Office will be providing additional information and updates to materials on the court’s website, including court forms, by March 1, 2023.

The full notice is available on the court’s website.

Notice of Proposed Amendments to the Federal Circuit Rules of Practice

Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit gives notice that it proposes to amend Federal Circuit Rules of Practice 26, 30, 31, 33, 33.1, 34, 39, and 47.6 and the Practice Notes to Rules 34, 42, 47.5, and 47.6.  The proposed amendments are available on the court’s website. If adopted, the amendments would take effect on March 1, 2023.  On that date, the court may also implement previously deferred amendments.  Please refer to the court’s notice issued November 17, 2022.

Public comments must be received by the Clerk of Court on or before February 21, 2023, and may be submitted by email or by mail to Proposed Rules Comments 2023, Clerk’s Office, U.S. Court of Appeals for the Federal Circuit, 717 Madison Place, N.W., Washington, D.C. 20439.

Updated Court Session Calendars

The U.S. Court of Appeals for the Federal Circuit has approved updates to the 2022-2023 session calendar for July and adopted the new 2023-2024 session calendar. Both calendars are available on the court’s website.