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.
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.
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).
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.