DC Court Refers Judge Newman's Suit Against Fitness Investigation to Mediation, Stays Injunction Briefing

The U.S. District Court for the District of Columbia on July 11 ordered U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman to "engage in informal mediation" with at least one of her appeals court colleagues -- Judges Kimberly Moore, Sharon Prost or Richard Taranto -- regarding the trio's investigation on Newman's fitness to continue serving on the Federal Circuit. The mediation shall occur before Judge Thomas Griffith, who sat on the U.S. Court of Appeals for the District of Columbia Circuit from 2005 to 2020 (Pauline Newman v. Kimberly A. Moore, D.D.C. # 23-01334).

Newman suggested mediation to the D.C. court in her suit against her colleagues' investigation as a means to expeditiously resolve the dispute. The three judges said they appreciated the offer but ultimately said mediation should be used only as an alternative to litigating Newman's motion for a preliminary injunction against the Federal Circuit Judicial Council's vote to suspend Newman from receiving any new cases. The district court referred the matter for mediation but stayed briefing on the PI motion "pending receipt of the joint status report," which is to be issued on or before Aug. 2.

The case stems from an investigation launched in March on Newman's ability to effectively do her job due to the 95-year-old judge's physical and mental well-being (see 2304140022). The judicial council voted in June to stop Newman from being assigned new cases during the investigation, citing the judge's backlog of opinions and significant delays in issuing opinions (see 2306060053). Newman took to the district court in D.C. to challenge the investigation and the council's vote.