Cases
The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, et al.
CASE: The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, et al.
STATUS: Active
NCLA ROLE: Counsel
COURTS HEARD IN: D.C. Cir., Fed. Cir., D.C.
ORIGINAL COURT: U.S. District Court for the District of Columbia
DECIDING COURT: U.S. Court of Appeals for the D.C. Circuit
OPENED: April 21, 2023
AGENCIES: Judicial Council of the Federal Circuit
FOCUS AREAS:
CASE SUMMARY
Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit claimed that U.S. Circuit Judge Pauline Newman “is unable to discharge all duties of the office by reason of mental or physical disability”. Moore appointed a three-judge special committee—including herself—to investigate the matter. Without citing any legal authority and prior to the conclusion of any investigation, Chief Judge Moore removed Judge Newman from new hearing cases for an indefinite period. She also impeded Judge Newman’s access to court chambers and unilaterally decided that the judicial assistant working for Judge Newman “is no longer an employee of the Newman chambers.”
Chief Judge Moore’s unlawful action to bar Judge Newman from carrying out the duties of her appointed office poses significant constitutional difficulties because it impinges on the Constitution’s guarantee that federal judges hold and exercise the functions of their office “during good behaviour.” Her action also violated due process of law and raises serious concerns about Chief Judge Moore’s ability to conduct this investigation impartially.
In September 2023, the Judicial Council of the Federal Circuit unlawfully suspended Judge Newman from hearing new cases for at least a year. The Judicial Council extended the suspension for at least another year in September 2024.
RELEVANT MATERIALS
NCLA FILINGS
Evaluation Report - Judge Pauline Newman
September 24, 2024 | Read More
Order of the Judicial Council of the Federal Circuit
September 6, 2024 | Read More
Response to the Special Committee’s Report & Recommendation of July 31, 2024
August 14, 2024 | Read More
Report and Recommendation of the Special Committee*
July 24, 2024 | Read More
Memorandum Opinion of the U.S. District Court for the District of Columbia
July 9, 2024 | Read More
PRESS RELEASES
“Judge Newman Fit to Judge,” Reports Harvard-Trained Neurosurgeon Expert
September 24, 2024 | Read More
NCLA Will Continue the Fight to End Unlawful Suspension of Federal Circuit Judge Pauline Newman
February 7, 2024 | Read More
NCLA Asks D.C. District Court to Halt Illegal Suspension of Hon. Pauline Newman
October 26, 2023 | Read More
NCLA Will Appeal Fed. Circuit Judicial Council’s Unlawful Order to Suspend Hon. Pauline Newman
September 20, 2023 | Read More
Hon. Pauline Newman Passes Medical Evaluation with Flying Colors, Forensic Psychologist Says
September 7, 2023 | Read More
IN THE MEDIA
I Met Judge Pauline Newman. She Proves Age Is Just a Number
NCLA Blog
September 8, 2023
Judges Attack Judicial Independence
August 10, 2023
Federal Circuit Judge Newman Attempts to Transfer Fitness Complaint to Another Court
JD Journal
May 12, 2023
The Stealth Impeachment of Judge Newman in the Federal Circuit
Reason
May 12, 2023
Reagan-Appointed Judge, Now 95, Faces Probe Into Whether She Can Still Do the Job
Fox News
May 12, 2023
CASE HIGHLIGHTS
Media Mention
May 12, 2023
Federal Circuit Judge Newman Attempts to Transfer Fitness Complaint to Another Court
Source: JD Journal
Press Release
August 4, 2023
Fed. Circuit Special Committee’s Actions Once Again Undermine Due Process for Hon. Pauline Newman