CAFC Judge Newman Seeks Injunction on Suspension From Being Assigned New Cases

Judge Pauline Newman should continue to be assigned new cases during an investigation into her fitness as a judge, she said in a request for an injunction filed with the U.S. District Court for the District of Columbia June 27. Represented by the New Civil Liberties Alliance, Newman sought an injunction against a decision by the Judicial Council of the U.S. Court of Appeals for the Federal Circuit barring her from being assigned new cases, claiming that the ban assaults her "judicial independence" and arguing that it infringes on her due process rights and violates Congress’ “exclusive right to impeach and remove Article III judges” (Pauline Newman v. Kimberly A. Moore, D.D.C. # 23-01334).

The case stems from an investigation launched in March on Newman's ability to effectively do her job (see 2304140022). The judicial council earlier this month voted to stop Newman from being assigned new cases during the investigation, citing the judge's backlog of opinions and significant delays in issuing opinions when they do come out (see 2306060053).

Newman claims that neither the Judicial Conduct and Disability Act of 1980 nor the Rules for Judicial-Conduct and Judicial-Disability Proceedings authorizes "such an action." Newman added that her suspension "constitutes an ongoing and irreparable harm not only to Plaintiff, but also to the rights of every Federal Circuit litigant -- all of whom have a right to have their cases heard by a fair draw from the full complement of active judges confirmed and appointed to hold judicial office."