PanamaTimes

Friday, Jul 26, 2024

US appeals court judge faces rare probe into competency, misconduct

US appeals court judge faces rare probe into competency, misconduct

A federal appeals judge in Washington is under investigation by her own court for allegedly failing to carry out her duties and refusing to respond to other judges' concerns, court officials at the U.S. Court of Appeals for the Federal Circuit said on Friday.

An order signed by Federal Circuit Chief Judge Kimberly Moore said a three-judge committee had determined that Judge Pauline Newman, who is 95, may "suffer a disability that interferes with her ability to perform the responsibilities of her office."

Newman is also under investigation for misconduct for refusing to cooperate with the probe or submit to a medical evaluation, Moore said in the order, dated Thursday.

Newman and Moore did not immediately respond to emailed requests for comment.

In an earlier order in March, Moore said Newman had shown signs of cognitive and physical impairment, delayed filing opinions, disclosed sensitive medical information to her staff and allowed one of her law clerks to exhibit unspecified "unprofessional and inappropriate behavior."

The March order said that half of the court's active judges expressed concern about Newman's mental fitness. Newman had refused to consider senior status, a form of semi-retirement, calling herself the only person on the court "who cared about the patent system and innovation policy," the order said.

Newman is a leading intellectual property law jurist and a prominent dissenter on the patent-focused Federal Circuit, which often hears major cases involving technology and pharmaceutical companies. She was appointed to the bench by Republican President Ronald Reagan in 1984.

The March order said Newman has participated in 60 cases since June of last year, while the average active judge participated in 116.

The Federal Circuit acknowledged the probe in a Friday statement. It said court officials "all recognize and admire the lifelong contributions of the justly esteemed Judge Newman," and "are committed to fulfilling their difficult obligations in this process."


RARE PROBE


It is highly unusual for a U.S. judge to face a complaint from a colleague on the bench, especially on an issue as delicate as their competence to serve.

Arthur Hellman, a University of Pittsburgh law professor who studies the federal courts, said judges typically handle concerns about a colleague’s age or fitness through closed-door conversations, sometimes involving the judge’s family.

“In the overwhelming majority of cases, it's dealt with without any sort of formal proceeding and without any sort of public knowledge,” Hellman said.

Federal judges serve lifetime appointments in the United States. A 1980 law allows for complaints against them for misconduct or if a disability calls into question their ability to serve.

The average age of federal appeals court judges was about 65 in 2017, according to a report from the Congressional Research Service.

Some lawyers who practice before the Federal Circuit said they found the Newman probe surprising.

“There’s no clear indication when you’re around Judge Newman that she’s not understanding things,” said Blair Jacobs, a patent law attorney at law firm McKool Smith who said he was last before the judge in February.

The committee investigating Newman will report its findings to the Federal Circuit’s judicial council, which could reject the complaint or impose sanctions, including a private censure or recommendation that the judge retire.

If a judge refuses to retire take senior status, the council can certify that they have a disability, allowing the U.S. president to nominate another judge.

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Mexican Drug Lords El Mayo and El Chapo's Son Arrested in Texas
World's Hottest Day Recorded on July 21
Joe Biden Withdraws from 2024 US Presidential Race
A Week of Turmoil: Key Moments in US Politics
Global IT Outage Sparks Major Concerns
Global IT Outage Unveils Digital Vulnerabilities
Secret Service Criticized for Lack of Sniper Protection During Trump Shooting
Colombian Court Annuls Amazon Tribes’ Carbon Credit Deal
Sunita Williams Safe on ISS, to Address Earth on July 10
Biden Affirms Commitment To Presidential Race
Boeing Pleads Guilty Over 737 MAX Crashes
Beryl Storm Hits Texas, Killing 2 and Causing Major Power Outages
2024 Predicted to Be World's Hottest Year
Macron Faces New Political Challenges Despite Election Relief
Florida Man Arrested Over Attempt to Withdraw One Cent
Anger mounts at Biden’s top team after disastrous debate
Bolivian President Luis Arce Denies 'Self-Coup' Allegations
Steve Bannon Begins 4-Month Prison Sentence
Biden Warns of 'Dangerous Precedent' After Supreme Court Immunity Ruling in Trump Case
Elon Musk Accuses Kamala Harris of Misleading Post on Trump's Abortion Stance
Hunter Biden Sues Fox News Over 'Revenge Porn' Allegations
New York Times Editorial Board Urges Biden to Exit Presidential Race
US Supreme Court Overturns Obstruction Charges Against January 6 Rioters
US Voters Prefer Biden's Democracy Approach, Trump's Economy Plan: Report
Attempted Coup in Bolivia: President Urges Public Mobilization
Top-Secret US Underwater Drone 'Manta Ray' Revealed on Google Maps
United States Bans Kaspersky Antivirus
Inside El Salvador’s 40,000 Inmate Mega-Prison
Toyota, Mazda, Honda, and Suzuki have committed fraud; falsified safety test results
El Salvador's Bitcoin Holdings Reach $350 Million
Teens Forming Friendships with AI Chatbots
WhatsApp Rolls Out Major Redesign
Neuralink's First Brain Implant Experiences Issue
Apple Unveils New iPad Pro with M4 Chip, Misleading AI Claims
OpenAI to Announce Google Search Competitor
Apple Apologizes for Controversial iPad Pro Ad Featuring Instrument Destruction
German politician of the AFD party, Marie-Thérèse Kaiser was just convicted & fined $6,000+
Changpeng Zhao Sentenced to Four Months in Jail
Biden Administration to Relax Marijuana Regulations
101-Year-Old Woman Mistaken for a Baby by American Airlines: Comical Mix-Up during Flight Check-in
King Charles and Camilla enjoying the Inuit voice singing performance in Canada.
New Study: Vaping May Lower Fertility in Women Trying to Get Pregnant
U.S. DOJ Seeks Three-Year Sentence for Binance Founder Changpeng Zhao
Headlines - Thursday, 23 April 2024
Illinois Woman Wins $45M Lawsuit Against Johnson & Johnson and Kenvue for Mesothelioma Linked to Baby Powder
Panama's lates news for Friday, April 19
Creative menu of a Pizza restaurant..
You can be a very successful player, but a player with character is another level!
Experience the Future of Dining: My Visit to an AI-Powered Burger Joint
Stabbing rampage terror attack in Sydney, at least four people killed, early reports that a baby was among those stabbed.
×