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UNDER SEAL (NON-PUBLIC ORDER) 

IN RE COMPLAINT NO. 23-90015 

Before MOORE, Chief Judge. 

ORDER 

By order of March 24, 2023, a special committee composed of Chief Judge Moore, Judge Prost, and Judge Taranto (the Committee) was appointed to investigate and 

report its findings and recommendations with respect to a 

complaint identified against Judge Newman to the judicial 

council. 

On April 7, 2023, the Committee issued an order which 

concluded that based upon its investigation and direct observations of Judge Newman's behavior, there is a reasonable basis to conclude she might suffer a disability that 

interferes with her ability to perform the responsibilities of 

her office. The Committee retained an expert who recommended that Judge Newman undergo medical testing and 

evaluation. The Committee found that such an examination is warranted to facilitate the Committee's investigation. An opportunity to consult with the expert was 

provided to Judge Newman. The Committee requested that 

Judge Newman inform the Committee by April 11, 2023 

whether she would comply and make herself available for 

the needed examination to secure expedited medical appointments. The Order further informed Judge Newman 

that "[f]ailure to respond to this order by 3:00 pm on April 

11, 2023, will be deemed failure to comply." And further 

Approved for public release 

by the Judicial Council for 

the Federal Circuit on April 

14, 2023. Refer to the 

court's website for 

additional information.
IN RE COMPLAINT NO 23-90015 2 

that failure to comply without good cause shown may result 

in the Committee seeking to expand the scope of the investigation to include an inquiry into whether the subject 

judge's non-cooperation constitutes misconduct under Rule 

4(a)(5) of the Rules for Judicial Conduct and Judicial Disability Proceedings. Judge Newman failed to respond to the 

Committee's order. 

Judge Newman has also refused to accept service of orders issued under Rule 15(a)(l)(b), stating that she "was 

not interested in receiving any documents" regarding this 

matter. She likewise instructed the mailroom at her residence to refuse to accept the orders. The Committee has 

referred these refusals to be included in the investigation 

regarding Judge Newman's failure to cooperate. 

Pursuant to Rule 13(a) of the Rules for Judicial Conduct and Judicial Disability Proceedings, the Committee 

has requested that the scope of the investigation be expanded to investigate whether Judge Newman has failed 

to cooperate in violation of the Rules. See Rule 4(a)(5) of 

the Rules for Judicial Conduct and Judicial Disability Proceedings ("Cognizable misconduct includes refusing, without good cause shown, to cooperate in the investigation of 

a complaint or enforcement of a decision rendered under 

these Rules"). 

Based on this information, I conclude there is sufficient 

cause to believe that Judge Newman has failed to cooperate 

constituting additional misconduct. I accordingly expand 

the scope of the investigation to include an investigation 

into this newly identified matter. Pursuant to Rule 

15(a)(l)(B), a copy of this email will be mailed to Judge 

Newman. 

IT IS SO ORDERED. 
Date 

IN RE COMPLAINT NO 23-90015 

Isl Kimberly A. Moore 

Kimberly A. Moore 

Chief Judge