The U.S. Court of Appeals for the Federal Circuit (CAFC) has recommended extending the sanctions on Judge Pauline Newman for another year. This decision comes after a year-long investigation into Newman’s alleged misconduct.
The Special Committee of the CAFC, which includes Chief Judge Moore and Judges Prost and Taranto, first recommended suspending Newman from hearing cases at the panel or en banc level for a year in August 2023. The Committee’s report characterized Newman’s refusal to undergo medical testing as “serious misconduct.”
Newman’s counsel, Greg Dolin of the New Civil Liberties Alliance (NCLA), has argued that this suspension is coercive and effectively removes her from the court. Dolin believes that the sanctions are punitive rather than remedial, as required by the rules.
In response to the Committee’s show cause order, Newman’s counsel highlighted the U.S. Supreme Court’s decision to adopt Newman’s dissenting opinion in April 2024. This, according to Newman’s team, questions the Committee’s doubts about her mental fitness and ability to fulfill her duties as a judge.
Newman’s response also addressed concerns about the time she takes to write opinions, stating that she prioritizes accuracy over speed. The response argued that Newman’s intellectual abilities and competence are evident through her public appearances and interviews over the past year.
Despite Newman’s arguments, the Committee’s Report and Recommendation maintained that the sanctions are necessary due to her ongoing refusal to cooperate with the investigation. The Committee emphasized the importance of enforcing cooperation with investigations to uphold the integrity of the judiciary.
In a separate district court challenge, the U.S. District Court for the District of Columbia dismissed some counts in the case, prompting Newman’s counsel to plan an appeal.
Overall, the recommendation to extend sanctions on Judge Pauline Newman reflects the ongoing challenges and controversies surrounding her alleged misconduct. The decision highlights the importance of upholding the standards of judicial conduct and ensuring accountability within the legal system. Newman’s response underscores her commitment to fulfilling her duties as a federal judge, despite facing scrutiny and sanctions.
