Pursuant to Rule 23(b)(8), the Special Committee has released below the transcript of the July 13, 2023 proceeding and related order.
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 statements at this time.
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.
The U.S. Court of Appeals for the Federal Circuit is experiencing technical difficulties and is unable to receive external emails, telephone calls, or web chat service requests. Walk-in public services are also limited to only accepting paper filings or documents. Public electronic filing, PACER access, and online payment services remain available.
There is currently no estimated time as to when services will be fully restored but additional information will be posted once it becomes available.
The Court has approved the public release of the following materials related to the Special Committee’s ongoing investigation. Prior orders 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.
The Court has approved the public release of all prior orders of the Special Committee and the Judicial Council, as well as Judge Newman’s Letter Responses to date, with appropriate redactions to protect the identity of witnesses. These orders, including orders entered today, are available below. Prior orders 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.
The U.S. Court of Appeals for the Federal Circuit is pleased to announce that it intends to sit in Atlanta, Georgia as part of its October 2023 session. The Federal Circuit will also concurrently hold its regular session in Washington, D.C. Counsel scheduled for the October 2023 session in either location will be notified by the Clerk’s Office later this year. The full notice is available here (pdf).
The Court has approved the public release of all prior orders of the Special Committee and the Judicial Council, as well as Judge Newman’s Letter Responses to date, with appropriate redactions to protect the identity of witnesses. These orders, including orders entered today, are available below.
Neither the Judicial Council, Special Committee, nor the Court are providing any additional statement at this time.
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.