United States Court of Appeals 

for the Federal Circuit

UNDER SEAL (NON-PUBLIC ORDER)

__________________________ 

IN RE COMPLAINT NO. 23-90015

__________________________ 

REPORT AND RECOMMENDATION 

OF THE SPECIAL COMMITTEE* 

July 31, 2023

* Because this is a redacted version of the Committee’s Report and 

Recommendation, internal citations to page numbers may not be precise. 
TABLE OF CONTENTS

REPORT AND RECOMMENDATION

I. PROCEDURAL BACKGROUND AND COURSE OF THE 

INVESTIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

II. RECOMMENDED FINDINGS AND CONCLUSIONS . . . . . . . .25

A. The Committee Had Authority To Enter the Orders At 

Issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 26

B. The Committee Had a Reasonable Basis for Requiring 

Medical Examinations and the Production of Medical 

Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

1. Concerns About Judge Newman’s Cognitive State Raised by 

Judge Newman’s Interactions with Court Staff. . . . . . . . . . . 33

2. Judge Newman’s Significant Delays in Resolving Cases. . . . 50

3. Recommendation of the Committee’s Expert Consultant. . . .58

4. Committee Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

C. Judge Newman’s Refusal To Cooperate with the 

Committee’s Orders Is Not Justified By Any Good Cause 

and Constitutes Misconduct. . . . . . . . . . . . . . . . . . . . . . . . . . .60

1. Judge Newman’s Refusal To Cooperate with the Committee’s 

Orders Qualifies as Misconduct. . . . . . . . . . . . . . . . . . . . . . . . 60 

2. Judge Newman Has Not Shown Good Cause To Excuse Her 

Refusal To Cooperate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

a. Proceedings Before the Committee (and the Judicial 

Council) Do Not Violate Due Process or the Judicial 

Recusal Statute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64

b. The Actions of the Judicial Council and the Committee Do 

Not Indicate Bias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
i. The Judicial Council’s Actions Suspending New Case 

Assignments Do Not Show Bias. . . . . . . . . . . . . . . . . .76

ii. The Committee’s Prior Actions Do Not Show Bias. . .80 

iii. The Judicial Council Has Not Deprived Judge 

Newman of Equipment or Necessary Staff . . . . . . . . .83

c. Judge Newman’s Requests for Transfer Lack Merit. . . . . 86

d. There Is No Merit To Judge Newman’s Assertion that She 

Has Cooperated with the Committee’s Orders or That 

Defects in the Orders Justify Her Responses. . . . . . . . . . .92

e. The Neurologist’s Report Submitted by Judge Newman 

Provides No Justification for Her Refusal To Undergo 

Medical Examinations with Independent Professionals 

Chosen by the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . 98

f. Judge Newman’s Assertion that the Committee Lacked a 

Reasonable Basis for Its Orders Is Meritless. . . . . . . . . . 104

III. RECOMMENDED SANCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 109




































































































IN RE COMPLAINT NO 23-90015 

101 










Redacted Supporting 

Attachments1

1 The attachments have been redacted and reordered to protect confidentiality. 
United States Court of Appeals for the Federal 

Circuit

UNDER SEAL (NON-PUBLIC ORDER)

__________________________

IN RE COMPLAINT NO. 23-90015

__________________________

Before MOORE, Chief Judge, PROST and TARANTO, Circuit Judges.

PER CURIAM. 

STATEMENT OF THE VOTE

Pursuant to Rule 17 of the Rules for Judicial-Conduct and Judicial-Disability 

Proceedings, the Committee accompanies its report and recommendation to the 

Federal Circuit Judicial Council in this matter with this statement of the vote. The 

Committee unanimously adopts its report and recommendation. There are no 

separate dissenting or concurring statements by any Committee member. 
1 COURT OF APPEALS FOR THE FEDERAL CIRCUIT

2

3 PROCEEDING BEFORE

4

5 CHIEF CIRCUIT JUDGE KIMBERLY A. MOORE

6 CIRCUIT JUDGE SHARON PROST

7 CIRCUIT JUDGE RICHARD G. TARANTO

8

9 DEPOSITION OF 

10

11 Wednesday, April 12, 2023

12 9:00 a.m.

13

14

15 ALSO PRESENT:

16 , Esq.

17 , Witness

18 , Esq.

19

20

21

22

23

24

25 Reported by: Susanne Bergling, RMR-CRR
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1 P R O C E E D I N G S

2 - - - - -

3 (Proceeding called to order

4 9:06 a.m.)

5 : I'm . I

6 represent with respect to this

7 proceeding, and I wanted to say that there was

8 improper service of the subpoena. She was not

9 given reasonable notice. She was given notice

10 of less than 48 hours, which is not considered a

11 reasonable period, and she was also served by

12 , who is an agent of the

13 Court, and the Court is a party to this action,

14 and, therefore, is not a reasonable person to

15 choose to give service.

16 Also, the lack of timeliness imposed an

17 undue burden on my client.

18 CHIEF JUDGE MOORE: Okay.

19 LAW CLERK: , if you will

20 remain seated and raise your right hand, please.

21 Whereupon --

22 

23 a witness, called for examination, having

24 previously been duly sworn, was examined and

25 testified further as follows:
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1 EXAMINATION

2 BY CHIEF JUDGE MOORE:

3 Q. Please state your name.

4 A. .

5 Q. And your address?

6 A. ,

7 .

8 Q. And what is your current job?

9 A. I am a clerk to the Honorable

10 Pauline Newman at the U.S. Court of Appeals for

11 the Federal Circuit.

12 Q. If you don't understand any questions

13 that I ask today, please let me know and I will

14 rephrase them. If you answer a question without

15 asking for clarification, we will assume you

16 understand the question. Do you understand

17 that?

18 A. Yes, I do.

19 Q. Do you understand you're under oath

20 today?

21 A. I do.

22 Q. As a judiciary employee, you're

23 required by law to cooperate with this

24 proceeding, including answering our questions

25 here today. Do you understand this?
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1 A. I do.

2 Q. How long have you been working with

3 Judge Newman?

4 A. Three years and a few months.

5 Q. We understand that you are her 

6 clerk. Can you tell us about that role and what

7 your responsibilities are?

8 A. I am going to invoke my right under the

9 Fifth Amendment to avoid self-incrimination.

10 Q. You can't tell us what your

11 responsibilities are in your job?

12 A. I am --

13 : I am going to say asked

14 and answered. Objection.

15 : How does this have

16 anything to do with a criminal --

17 : This is not a criminal

18 case. It's a civil case.

19 : Exactly.

20 : You can invoke the

21 Fifth Amendment in a civil case.

22 : If there is some basis

23 for thinking they may be a crime involved --

24 : That's not the --

25 actually not the law.
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1 CHIEF JUDGE MOORE: You are refusing to

2 tell us what your responsibilities are for Judge

3 Newman?

4 THE WITNESS: I am invoking my

5 privilege under the Fifth Amendment to avoid

6 self-incrimination.

7 JUDGE PROST: Are you aware whether or

8 not there any's document in Personnel or in

9 chambers that would describe the duties of your

10 position?

11 : Objection. There's too

12 many people questioning the witness. There's

13 only one person who's allowed to question the

14 witness at one time.

15 CHIEF JUDGE MOORE: With all due

16 respect, that's not correct. Under our rules,

17 that's not correct. This is not a formal court

18 proceeding. This is a special investigation.

19 The committee is required to be three people,

20 and we are required to all participate. So you

21 are incorrect under the rules of the proceeding.

22 : All right. Well, can

23 we have one person questioning her at one time,

24 because you're asking and answering the same

25 question repeatedly.
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1 CHIEF JUDGE MOORE: No. You can lodge

2 your objection if you wish, but we are going to

3 proceed, because this is an interview by a

4 special committee under a judicial proceeding.

5 : All right. I object to

6 too many people questioning the witness, and

7 asked and answered.

8 JUDGE PROST: Maybe I was

9 misinterpreted. My question was not the same as

10 the one previously asked. I simply asked if

11 there was documentation she's aware of in our

12 Office of Personnel or in her chambers that

13 describes the duties of a law clerk in her

14 position.

15 THE WITNESS: I don't know.

16 CHIEF JUDGE MOORE: Do you manage or

17 otherwise review the work of other clerks in

18 chambers?

19 THE WITNESS: I, on advice of counsel,

20 am invoking my Fifth Amendment privilege to

21 avoid self-incrimination.

22 CHIEF JUDGE MOORE: How often do you

23 come into the building?

24 THE WITNESS: On advice of counsel, I

25 am invoking my Fifth Amendment privilege.
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1 CHIEF JUDGE MOORE: Do you ever

2 communicate with Judge Newman?

3 THE WITNESS: By advice of counsel, I

4 am invoking my Fifth Amendment privilege against

5 self-incrimination.

6 CHIEF JUDGE MOORE: How could you

7 incriminate yourself if -- by answering a

8 question of whether you communicate with the

9 person that you work for?

10 : Objection.

11 Argumentative. You can answer.

12 THE WITNESS: I am going to invoke my

13 right under the Fifth Amendment to avoid

14 self-incrimination.

15 CHIEF JUDGE MOORE: How could you

16 incriminate yourself by answering a question

17 about whether you communicate with the person

18 that you report to?

19 THE WITNESS: I am going to invoke my

20 right against self-incrimination under the Fifth

21 Amendment.

22 CHIEF JUDGE MOORE: How often do you

23 see Judge Newman in person?

24 THE WITNESS: I am going to invoke my

25 Fifth Amendment right.
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1 CHIEF JUDGE MOORE: Do you ever meet

2 with her by Zoom?

3 THE WITNESS: I am going to invoke my

4 Fifth Amendment right.

5 CHIEF JUDGE MOORE: Do you ever talk to

6 her on the phone?

7 THE WITNESS: I am going to invoke my

8 Fifth Amendment.

9 CHIEF JUDGE MOORE: How are cases

10 assigned in your chambers?

11 THE WITNESS: I am going to invoke my

12 Fifth Amendment right on that.

13 CHIEF JUDGE MOORE: How many bench

14 memos would you estimate that you have drafted

15 for Judge Newman in the last year?

16 THE WITNESS: I am going to invoke my

17 Fifth Amendment.

18 CHIEF JUDGE MOORE: Do you draft

19 opinions for her?

20 THE WITNESS: I am going to invoke my

21 Fifth Amendment.

22 CHIEF JUDGE MOORE: Does Judge Newman

23 discuss cases you?

24 THE WITNESS: I am not going to answer

25 that.
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1 : Let her finish the

2 question. Let her finish.

3 CHIEF JUDGE MOORE: Does Judge Newman

4 discuss cases with you in advance of oral

5 argument?

6 THE WITNESS: I am going to invoke my

7 Fifth Amendment.

8 CHIEF JUDGE MOORE: Are you aware of

9 any instances in which Judge Newman has offered

10 an opinion with a disposition contrary to what

11 was voted on by judges?

12 THE COURT: I am going to invoke my

13 Fifth Amendment.

14 CHIEF JUDGE MOORE: Are you aware of

15 any instances in which Judge Newman has changed

16 her mind about the appropriate disposition of a

17 case that you have been working on?

18 THE WITNESS: I am going to invoke my

19 Fifth Amendment.

20 CHIEF JUDGE MOORE: Judge Newman has

21 seven current cases assigned to her. I am going

22 to walk through each one and ask you if you're

23 working on that case.

24 One of the cases is 

. Are you currently working on that case?
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1 THE WITNESS: Fifth Amendment.

2 : Say the whole sentence,

3 please.

4 THE WITNESS: On advice of counsel, I

5 invoke my Fifth Amendment right against

6 self-incrimination.

7 CHIEF JUDGE MOORE: Judge Newman has a

8 case . Are you

9 working on that case?

10 THE WITNESS: On advice of counsel, I'm

11 invoking my Fifth Amendment right against

12 self-incrimination.

13 CHIEF JUDGE MOORE: 

, a second case --

15 not the same one -- are you working on that one?

16 THE WITNESS: On advice of counsel, I

17 am invoking my Fifth Amendment right against

18 self-incrimination.

19 CHIEF JUDGE MOORE: 

, are you working on that case?

21 THE WITNESS: On advice of counsel, I

22 am invoking my Fifth Amendment right against

23 self-incrimination.

24 CHIEF JUDGE MOORE: Counsel, could you

25 explain why you're advising your client to
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1 refuse to answer the simplest of questions about

2 her job?

3 : That's privileged. My

4 communications with my client is privileged.

5 BY CHIEF JUDGE MOORE: Do you

6 understand, that this is a

7 proceeding that is involving our investigation

8 into issues related to Judge Newman, and it

9 isn't an investigation into anything related to

10 you?

11 THE WITNESS: I'm invoking my right

12 against self-incrimination under the Fifth

13 Amendment.

14 CHIEF JUDGE MOORE: Do you understand

15 that refusing to cooperate with this proceeding

16 could result in a misconduct charge because

17 you're obligated as a judicial employee to

18 participate?

19 : Objection. She is

20 participating.

21 You can answer.

22 THE WITNESS: Yes.

23 CHIEF JUDGE MOORE: Do you understand

24 that the rules to this proceeding suggest that

25 any employee who fails to participate could be
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1 terminated for misconduct?

2 : Objection.

3 Argumentative and threatening.

4 You can answer.

5 THE WITNESS: No.

6 CHIEF JUDGE MOORE: Is it your intent

7 to answer every question that I ask you by

8 invoking the Fifth Amendment?

9 THE WITNESS: No.

10 CHIEF JUDGE MOORE: Okay, then I'll

11 continue.

12 , are you

13 working on that case with Judge Newman's

14 chambers?

15 THE WITNESS: On advice of counsel, I'm

16 invoking my right under the Fifth Amendment to

17 avoid self-incrimination.

18 CHIEF JUDGE MOORE: 

. Are you working on that?

20 THE WITNESS: On advice of counsel, I

21 am invoking my Fifth Amendment right to avoid

22 self-incrimination.

23 CHIEF JUDGE MOORE: , how

24 could you incriminate yourself by simply

25 acknowledging whether you are working on any
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1 certain cases?

2 THE WITNESS: On advice of counsel, I

3 am going to invoke my Fifth Amendment right

4 against self-incrimination.

5 CHIEF JUDGE MOORE: 

. Are you working

7 on that case?

8 THE WITNESS: I am invoking my right

9 against self-incrimination under the Fifth

10 Amendment.

11 CHIEF JUDGE MOORE: 

. Are you working on

13 that case?

14 THE WITNESS: I am invoking my right

15 against self-incrimination under the Fifth

16 Amendment.

17 CHIEF JUDGE MOORE: 

. Are you working on that case?

19 THE WITNESS: On advice of counsel, I

20 am invoking my Fifth Amendment privilege against

21 self-incrimination.

22 CHIEF JUDGE MOORE: Do you ever send

23 Judge Newman drafts of opinions?

24 THE WITNESS: On advice of counsel, I

25 am invoking my right against self-incrimination
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1 under the Fifth Amendment.

2 CHIEF JUDGE MOORE: On average, how

3 many drafts of an opinion does Judge Newman

4 receive before the opinion gets circulated to

5 the panel?

6 THE WITNESS: On advice of counsel, I

7 am invoking my Fifth Amendment right against

8 self-incrimination.

9 CHIEF JUDGE MOORE: How could you

10 possibly incriminate yourself by revealing how

11 many drafts of opinions are created?

12 : Objection.

13 Argumentative. You can answer.

14 THE WITNESS: On advice of counsel, I'm

15 invoking my right against self-incrimination

16 under the Fifth Amendment.

17 CHIEF JUDGE MOORE: She didn't advise

18 you to say that it was the Fifth Amendment and

19 that you shouldn't answer. She actually said

20 you could answer.

21 : She can answer however

22 she wants.

23 CHIEF JUDGE MOORE: But she started by

24 saying that, on advice of counsel, she was doing

25 it, but you didn't actually give her that
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1 advice. So is it your decision, then, that it's

2 a Fifth Amendment privilege that you would

3 incriminate yourself if you answered the

4 question?

5 : Objection.

6 Argumentative.

7 THE WITNESS: Yes.

8 CHIEF JUDGE MOORE: Does Judge Newman

9 have any physical health issues that you're

10 aware of?

11 THE WITNESS: On advice of counsel, I

12 am invoking my right under the Fifth Amendment

13 for self-incrimination.

14 CHIEF JUDGE MOORE: How could you

15 incriminate yourself under the Fifth Amendment

16 by telling us whether the Judge has any health

17 issues?

18 THE WITNESS: On advice of counsel, I

19 am invoking my Fifth Amendment right against

20 self-incrimination.

21 JUDGE PROST: Can I interrupt and ask,

22 I think you had said earlier that there might be

23 a line of questioning in which you would not

24 invoke the Fifth Amendment with respect to your

25 duties, or did I misunderstand?
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1 THE WITNESS: You did not

2 misunderstand.

3 JUDGE PROST: So there are certain

4 things that you would be prepared to discuss in

5 response to questions, so could you give us some

6 indication about where that line is drawn to

7 save us all a lot of time?

8 THE WITNESS: Until you ask a question,

9 I can't answer that.

10 CHIEF JUDGE MOORE: Why don't we take a

11 five-minute break.

12 : And can I get your

13 card?

14 CHIEF JUDGE MOORE: I don't have a

15 card.

16 : Can I get name?

17 CHIEF JUDGE MOORE: Chief Judge Moore.

18 : Okay.

19 (A brief recess was taken.)

20 CHIEF JUDGE MOORE: Can we go back on

21 the record?

22 : Before we continue, I

23 just want to know who you are at the end of the

24 table. That's the one person that my client

25 doesn't know who you are.
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1 : , general

2 counsel.

3 : Okay.

4 JUDGE PROST: Let me just, in order to

5 expedite this for all of us, I guess I am going

6 to probe further, and you'll say what you say,

7 but I guess we are in need -- or I feel I'm in

8 need of some guidance in terms of getting you to

9 respond to questions we have.

10 So I guess are there -- I would like to

11 ask if there are any conditions, preconditions,

12 that would provide you comfort or a basis for

13 answering -- we've already had a number of

14 questions, you know, the type of questions

15 related to your job responsibilities and your

16 work. Are there any conditions that we could

17 provide that would permit you to respond?

18 THE WITNESS: I don't understand the

19 question. Can you rephrase that?

20 JUDGE PROST: I guess I don't know how

21 to restate it other than conditions,

22 preconditions. I mean, just off the top of my

23 head, this isn't apt necessarily, but just

24 immunity, I mean, is that the kind of thing that

25 you are -- would satisfy you? That's just
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1 really off the top of my head.

2 THE WITNESS: No, no.

3 JUDGE PROST: So there are no

4 conditions that you can think of, such as

5 immunity, that would allow you to answer the

6 questions?

7 THE WITNESS: For the questions already

8 asked, no.

9 JUDGE PROST: The type -- yeah, the --

10 okay.

11 And then I guess -- and this follows up

12 to my question earlier about can you give us

13 some guidance in order to expedite this in terms

14 of you -- I think you noted that there might be

15 questions you would be willing to answer.

16 THE WITNESS: Yes.

17 JUDGE PROST: If you could give us any

18 guidance, would that be -- for example, we think

19 we have already asked questions related to your

20 job duties and responsibilities. Are there

21 questions in that realm that you'd be willing to

22 answer or is that category off the table?

23 THE WITNESS: That category is off the

24 table.

25 JUDGE PROST: I'm trying to think
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1 generally what I --

2 : Can you tell us what

3 categories are on the table?

4 THE WITNESS: I am not going to give

5 you questions to ask.

6 : We're asking for topics

7 of questions.

8 THE WITNESS: I understand. I can't

9 give you topics either. I don't know what you

10 want to know. I've been given absolutely no

11 information what this is about. So I can't

12 anticipate what you might ask.

13 JUDGE PROST: And are you willing to

14 provide a further basis or information as to

15 your invocation of the privilege just so that

16 maybe there's some way to make you more

17 comfortable -- yes, ma'am?

18 : And objection to that,

19 just because anything related to what we said is

20 privileged and confidential. So anything

21 relating to her advice of counsel, I would tell

22 her not to answer that question.

23 JUDGE TARANTO: If we are in the

24 position of having to decide whether you're

25 violating a duty of cooperation, we would want
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1 to know whatever you could tell us about the

2 basis for invoking a privilege against

3 self-incrimination. Is there anything you can

4 tell us to --

5 THE WITNESS: Not at this time, do I

6 feel comfortable divulging what we've discussed

7 during --

8 JUDGE TARANTO: I didn't ask you about

9 what you discussed. I asked about what basis

10 might there be to help us think about the

11 question of duty of cooperation.

12 THE WITNESS: On advice of counsel, I

13 am not going to answer the question under the

14 Fifth Amendment right against self15 incrimination.

16 JUDGE TARANTO: And does the category

17 exclusion that you mentioned in reference to

18 work in chambers also apply more generally to

19 your dealings with Judge Newman?

20 : Objection. Confusing

21 question. I didn't understand.

22 JUDGE TARANTO: You answered the

23 question from Judge Prost that the category of

24 your work in chambers was -- I think your

25 language was "off the table." Does the same
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1 apply to a category of questions about your

2 dealings with Judge Newman?

3 A. Yes.

4 Q. Okay.

5 : Can you explain to us --

6 I'm asking the attorney -- when the Fifth

7 Amendment can be invoked?

8 : The Fifth Amendment can

9 be invoked in a civil case by a nonparty.

10 : I'm not asking what

11 proceeding types it can be invoked in, but the

12 basis on which it can be invoked.

13 : It can be invoked when

14 the nonparty has a risk of self-incrimination.

15 : A risk of self16 incrimination in a criminal proceeding

17 or evidence used against them. Is that correct?

18 : Evidence that can be

19 used against them.

20 : And can you try to

21 explain, on whatever basis you can, what

22 reasonable basis would come up here?

23 : I cannot at this time.

24 : Because it's difficult

25 for us to understand why some of the questions
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1 about -- any of the questions being answered

2 have anything to do with --

3 : Anything I would

4 respond to that would relate to my attorney5 client privilege, of advice that I have given to

6 my client.

7 CHIEF JUDGE MOORE: , before

8 today, were you aware of a potential judicial

9 disability proceeding involving Judge Newman?

10 THE WITNESS: Yes.

11 CHIEF JUDGE MOORE: How did you become

12 aware of it?

13 THE WITNESS: On advice of counsel, I

14 am going to invoke my Fifth Amendment right

15 against self-incrimination.

16 : Why did you answer the

17 first question and not this one?

18 THE WITNESS: On advice of counsel, I

19 am going to invoke my Fifth Amendment right

20 against self-incrimination.

21 CHIEF JUDGE MOORE: Have you read any

22 documents given to Judge Newman in this case?

23 THE WITNESS: On advice of counsel, I

24 am going to invoke the Fifth Amendment right

25 against self-incrimination.
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1 CHIEF JUDGE MOORE: Do you understand

2 that this judicial disability proceeding is

3 required to be confidential?

4 THE WITNESS: Yes.

5 CHIEF JUDGE MOORE: Do you understand

6 that if you were to share information about it

7 with others, that that would be a breach of the

8 rules for this proceeding?

9 THE WITNESS: Yes.

10 CHIEF JUDGE MOORE: If I tell you right

11 now that we will grant you immunity and not

12 prosecute you, not find it to constitute an act

13 of misconduct, whatever you tell us you have

14 shared or have not shared, would you be willing

15 to answer questions then?

16 THE WITNESS: No.

17 CHIEF JUDGE MOORE: Why?

18 THE WITNESS: On advice of counsel, I

19 am going to invoke my Fifth Amendment right

20 against self-incrimination.

21 CHIEF JUDGE MOORE: There is no law

22 that prevents you from sharing this information.

23 It is just rules of our Court that says you

24 can't share confidential information. So if

25 we're willing to grant you immunity, guarantee
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1 that you will not be found guilty of misconduct

2 for any acts of sharing that you may have

3 participated in, why can't you answer these

4 questions?

5 : Objection. That goes

6 to attorney-client privilege, but you can answer

7 the -- it goes to privilege, but you can answer.

8 THE WITNESS: On advice of counsel, I

9 am going to invoke my Fifth Amendment right

10 against self-incrimination.

11 CHIEF JUDGE MOORE: Have you spoken to

12 others about this proceeding?

13 THE WITNESS: On advice of counsel, I

14 am going to invoke my Fifth Amendment right

15 against self-incrimination.

16 : Can you explain the

17 basis for your right against invoking the

18 privilege?

19 THE WITNESS: By advice of counsel, I

20 am going to invoke my Fifth Amendment --

21 : Or can counsel explain

22 the reason?

23 : Not at this time, no.

24 : So there is no stated

25 basis for invoking the privilege?
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1 : There is a basis.

2 There is a basis, but the basis is what I've

3 discussed with my client, so it's privileged and

4 confidential, and I can't discuss it with you.

5 CHIEF JUDGE MOORE: But, Counsel, you

6 are giving her advice not to answer questions in

7 an investigation about a judge. It doesn't have

8 anything to do with her.

9 So can you explain to us why you're

10 advising her not to answer these questions?

11 : Not at this time.

12 JUDGE PROST: When you say "not at this

13 time," does that suggest that if you had more

14 time, if you need more time, that you don't want

15 to do it in this setting -- in other words, you

16 would provide it to us in writing at some other

17 time -- when you say not at this time, I just

18 want clarification, not at this --

19 : Not in this setting,

20 not given what -- she had exactly one day to

21 prepare for this interview with you guys, and,

22 therefore, she hasn't had time to prepare her

23 answers, and right now she needs to have the

24 time to -- to have her interview in a timely

25 manner, which she was not allowed to do.
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1 CHIEF JUDGE MOORE: Oh, so, please,

2 help me understand. So if we gave you a week,

3 would you be prepared to come back and answer

4 the questions at that time, because if you just

5 need time, we are certainly willing to give you

6 time.

7 : Nope. She would still

8 not answer the questions.

9 CHIEF JUDGE MOORE: But your stated

10 reason was that she didn't have time to prepare.

11 : Right, which she didn't

12 have time to prepare.

13 CHIEF JUDGE MOORE: But we are happy to

14 give you that time.

15 THE WITNESS: But even with that time,

16 she should still invoke the privilege.

17 : On what basis?

18 : Again, I can't tell you

19 the basis because it's attorney-client

20 privilege.

21 CHIEF JUDGE MOORE: Do you understand

22 that if you talk about this proceeding with

23 others going forward, it would be an act of

24 misconduct?

25 THE WITNESS: No.
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1 CHIEF JUDGE MOORE: You don't

2 understand that this proceeding is required to

3 be kept confidential?

4 THE WITNESS: Yes.

5 CHIEF JUDGE MOORE: You do understand

6 that it's required to be confidential?

7 THE WITNESS: Yes.

8 CHIEF JUDGE MOORE: And do you

9 understand that the requirement it be

10 confidential bars you from discussing it with

11 other people?

12 THE WITNESS: Yes.

13 CHIEF JUDGE MOORE: So you understand

14 that you can't discuss this proceeding with

15 other people.

16 THE WITNESS: Yes.

17 CHIEF JUDGE MOORE: Do you understand

18 that if you do discuss it with other people,

19 that would be an act of misconduct?

20 : Do you understand that

21 that would be viewed by the committee as an act

22 of misconduct?

23 THE WITNESS: Are you telling me that

24 or are you asking me a question?

25 CHIEF JUDGE MOORE: Do you understand
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1 that it would be an act of misconduct to violate

2 the confidentiality?

3 THE WITNESS: I don't understand that.

4 I'm asking you -- if you're telling me that, I

5 will take -- I understand your words. I have no

6 knowledge of whether that would be considered an

7 act of misconduct or not.

8 CHIEF JUDGE MOORE: The rules regarding

9 this proceeding require that every judicial

10 employee maintain all aspects of it in

11 confidentiality. Did you know that?

12 THE WITNESS: I know that the statute

13 requires that it is a confidential proceeding.

14 That is all that I know.

15 CHIEF JUDGE MOORE: Are you familiar

16 with the rules regarding this proceeding?

17 THE WITNESS: No.

18 CHIEF JUDGE MOORE: Counsel, if you are

19 going to represent your client, I would suggest

20 that you get a copy of these rules, because,

21 , anyone that you share even the fact

22 of this proceeding with is a breach of the

23 rules.

24 So going forward, it would be

25 considered an act of misconduct if you speak
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1 with people, any people, about this proceeding.

2 Do you now understand what I'm telling you?

3 THE WITNESS: I understand your words,

4 yes.

5 CHIEF JUDGE MOORE: Will you agree not

6 to speak to anyone about these proceedings?

7 THE WITNESS: On advice of counsel, I

8 am going to invoke my Fifth Amendment right to

9 avoid self-incrimination.

10 CHIEF JUDGE MOORE: Does that mean you

11 are not --

12 THE WITNESS: Can we take a break,

13 please?

14 CHIEF JUDGE MOORE: Sure.

15 (A brief recess was taken.)

16 : If you could ask your

17 last question.

18 CHIEF JUDGE MOORE: Will you agree not

19 to speak to anyone about these proceedings?

20 THE WITNESS: Yes.

21 JUDGE TARANTO: I want to ask one -- at

22 least one followup question on this categories

23 of subject matter, and I think you've identified

24 two that you are -- that you view as off the

25 table for present purposes. One had been work
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1 in chambers. I think I asked you a question, to

2 which you gave the same answer, off the table,

3 about dealings with Judge Newman.

4 I'm going to ask the same question

5 about your perceptions of Judge Newman and her

6 ability to carry out her job.

7 THE WITNESS: On advice of counsel, I

8 am going to invoke the Fifth Amendment against

9 self-incrimination.

10 JUDGE TARANTO: For that category as

11 well?

12 THE WITNESS: Yes.

13 CHIEF JUDGE MOORE: Just to make sure

14 that we have a clear record for future purposes,

15 when you agreed that you will not speak to

16 anyone about these proceedings, that includes

17 people in chambers, people outside of the Court.

18 Do you understand that?

19 THE WITNESS: Yes.

20 CHIEF JUDGE MOORE: That includes the

21 fact of a disability proceeding as well as this

22 interview. Do you agree with that?

23 THE WITNESS: Yes.

24 CHIEF JUDGE MOORE: So you will not

25 disclose with anyone or discuss with anyone this
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1 interview, correct?

2 THE WITNESS: Yes.

3 CHIEF JUDGE MOORE: Has Judge Newman

4 instructed you in any way about how to testify

5 today?

6 THE WITNESS: On advice of counsel, I

7 would like to invoke my Fifth Amendment right

8 against self-incrimination.

9 CHIEF JUDGE MOORE: Has Judge Newman

10 asked you or encouraged you to talk about these

11 proceedings with other people?

12 THE WITNESS: On advice of counsel, I

13 am going to invoke my Fifth Amendment right

14 against self-incrimination.

15 CHIEF JUDGE MOORE: Do you understand

16 that under the law, when you invoke a Fifth

17 Amendment right to invoke self-incrimination,

18 that that allows a body to draw adverse

19 inferences against you with regard to every

20 question that you invoke the privilege?

21 THE WITNESS: Yes.

22 CHIEF JUDGE MOORE: Have you ever

23 stolen money from the Court?

24 : Objection.

25 Argumentative. You can answer.
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1 THE WITNESS: No.

2 CHIEF JUDGE MOORE: Do you ever perform

3 any legal work related to any case here at the

4 Court?

5 THE WITNESS: I don't understand your

6 question.

7 CHIEF JUDGE MOORE: Do you ever work on

8 any case here at the Court?

9 THE WITNESS: Yes.

10 CHIEF JUDGE MOORE: Do you work on any

11 currently pending cases here at the Court?

12 THE WITNESS: On advice of counsel, I

13 am going to invoke my Fifth Amendment right

14 against self-incrimination.

15 CHIEF JUDGE MOORE: If you aren't

16 working on any pending cases in front of the

17 Court, what are you doing?

18 THE WITNESS: On advice of counsel, I

19 am going to invoke my Fifth Amendment right

20 against self-incrimination.

21 : Have you ever discussed

22 as a matter with anybody else, outside the

23 Court, the judicial proceedings, judicial

24 disability proceedings?

25 THE WITNESS: On advice of counsel, I
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1 am going to invoke my Fifth Amendment right

2 against self-incrimination.

3 CHIEF JUDGE MOORE: Have you discussed

4 the judicial proceedings in this matter with

5 people outside the Court at Judge Newman's

6 direction?

7 THE WITNESS: On advice of counsel, I

8 am going to invoke my Fifth Amendment right

9 against self-incrimination.

10 JUDGE TARANTO: And just circling back

11 for a little clarification for my understanding,

12 you initially expressed concern about the short

13 time frame you had to prepare for this, and then

14 what I understood that Chief Judge Moore asked,

15 if we gave you additional time that you

16 considered reasonable, if that would change your

17 responses you had to the questions that have

18 arisen today, and I think your answer was no,

19 but I just want to confirm that.

20 THE WITNESS: It would not.

21 JUDGE TARANTO: It would not change.

22 So it's nothing that -- no matter how much time

23 you had, this would remain the same.

24 THE WITNESS: Yes.

25 CHIEF JUDGE MOORE: Can you give us
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1 some indication of why you believe that any of

2 these questions could cause you to incriminate

3 yourself?

4 : Objection. Calls for

5 privileged communication.

6 CHIEF JUDGE MOORE: No. I'm asking her

7 for her belief, not anything about any

8 communication.

9 THE WITNESS: On advice of counsel, I

10 am going to invoke my Fifth Amendment right

11 against self-incrimination.

12 CHIEF JUDGE MOORE: Can you give us the

13 names of your co-clerks in chambers?

14 THE WITNESS: 

16 CHIEF JUDGE MOORE: And how long have

17 you worked with each of them?

18 THE WITNESS: is, I believe,

19 two and a half years, roughly. is

20 six months. is three, four

21 months.

22 CHIEF JUDGE MOORE: Can you remember an

23 instance where I came down to chambers and spoke

24 to all of you?

25 THE WITNESS: Yes.
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1 CHIEF JUDGE MOORE: Do you remember

2 that that instance involved Judge Newman

3 disclosing confidential or sensitive 

4 information ?

5 THE WITNESS: On advice of counsel, I

6 am going to invoke my Fifth Amendment right

7 against self-incrimination.

8 CHIEF JUDGE MOORE: Did Judge Newman

9 disclose confidential or sensitive 

10 information ?

11 THE WITNESS: On advice of counsel, I

12 am going to invoke my Fifth Amendment right

13 against self-incrimination.

14 CHIEF JUDGE MOORE: After or at that

15 meeting, I asked you to agree that you would not

16 discuss that sensitive confidential information

17 further. Do you remember that?

18 THE WITNESS: I do.

19 CHIEF JUDGE MOORE: Did you agree?

20 THE WITNESS: Yes.

21 CHIEF JUDGE MOORE: Have you discussed

22 it since then?

23 THE WITNESS: No.

24 CHIEF JUDGE MOORE: Do you ever work

25 with ?
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1 THE WITNESS: I do.

2 CHIEF JUDGE MOORE: Can you tell me

3 what his role in chambers is?

4 THE WITNESS: On advice of counsel, I

5 am going to invoke my Fifth Amendment right

6 against self-incrimination.

7 : Can you explain a basis

8 for invoking the privilege?

9 : Again, the privilege is

10 invoked because of the communications I had with

11 my client, so I'm not willing to discuss it.

12 CHIEF JUDGE MOORE: Will you provide us

13 with a basis for believing that these kinds of

14 questions could cause you to incriminate

15 yourself?

16 THE WITNESS: Not at this time.

17 CHIEF JUDGE MOORE: And, Counsel, do I

18 understand that you will also not provide us

19 with any basis for how any of these questions

20 could incriminate her?

21 : Not at this time.

22 : Is there a time that

23 would be appropriate or acceptable to you or

24 that you could do it?

25 : I'm not sure. I don't
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1 know.

2 : Can you do it in a week?

3 : No. I don't know. I'm

4 not sure.

5 : If you were to do it,

6 will you provide a written response?

7 : It depends on who you

8 order to do what.

9 : The basis for invoking

10 the privilege to these questions.

11 : At the moment,

12 everything related to why my client is invoking

13 the privilege is privileged and confidential,

14 and I cannot tell you why we're invoking the

15 privilege without violating attorney-client

16 privilege.

17 CHIEF JUDGE MOORE: , do you

18 understand that we could grant you immunity from

19 any sort of misconduct proceeding in this

20 context?

21 THE WITNESS: No.

22 CHIEF JUDGE MOORE: If we did grant you

23 immunity from any sort of misconduct proceeding,

24 would you be willing to answer all of the

25 questions that we've asked today?
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1 THE WITNESS: No.

2 CHIEF JUDGE MOORE: Are there any of

3 the questions we've asked today that you would

4 be willing to answer?

5 THE WITNESS: I would continue to

6 invoke my Fifth Amendment right for the

7 questions for which I've already invoked my

8 Fifth Amendment right.

9 JUDGE TARANTO: If immunity included

10 criminal immunity from the United States

11 Attorney, what would your answer be to that

12 question?

13 THE WITNESS: No.

14 : When you say "no," you

15 mean you still won't answer the questions?

16 THE WITNESS: I will not answer those

17 questions.

18 : So my understanding is

19 under no circumstances will you answer

20 questions. Is that fair to say?

21 THE WITNESS: For those questions that

22 I've already invoked, I will continue to invoke.

23 : Okay, thank you.

24 JUDGE TARANTO: And let me just, I

25 guess, add any state-level criminal immunity,
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1 too, if that also was provided, would you answer

2 the questions?

3 THE WITNESS: I don't understand your

4 question. Could you rephrase it?

5 JUDGE TARANTO: Sure.

6 Self-incrimination is a concern about criminal

7 prosecution. If the sovereign United States

8 provided you immunity from criminal prosecution

9 and a sovereign of any relevant state or --

10 let's add in the District of Columbia -- did the

11 same, would you still invoke your Fifth

12 Amendment privilege?

13 THE WITNESS: Yes.

14 CHIEF JUDGE MOORE: Are there any

15 circumstances that would permit you to answer

16 the questions and not invoke your Fifth

17 Amendment privilege as to the questions already

18 asked?

19 THE WITNESS: I can't speculate.

20 CHIEF JUDGE MOORE: I'm not asking you

21 to speculate. I'm saying what could we do to

22 make this a cooperative proceeding. That's all

23 I'm seeking.

24 THE WITNESS: I am cooperating. I'm

25 here.
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1 : Well, you're not

2 answering --

3 THE WITNESS: I'm answering those

4 questions that I can answer.

5 CHIEF JUDGE MOORE: But we asked some

6 very basic questions about your duties in

7 chambers or whether you've drafted opinions or

8 whether you've written a bench memo, and these

9 are typically jobs that all law clerks do, and

10 you've refused to answer any of those questions.

11 So I'm confused, why?

12 : And I'm just going to

13 say again that this goes to her privileged

14 communications with me, and she cannot answer

15 related to anything that we have discussed, but

16 you can answer her question.

17 THE WITNESS: There was no question.

18 CHIEF JUDGE MOORE: Actually, it was,

19 why? Why are you refusing to answer any

20 questions about your job duties in chambers?

21 THE WITNESS: On advice of counsel, I

22 am going to invoke my Fifth Amendment right

23 against self-incrimination.

24 JUDGE PROST: Is there a telework

25 policy in your chambers?
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1 THE WITNESS: On advice of counsel, I

2 am going to invoke my Fifth Amendment right

3 against self-incrimination.

4 CHIEF JUDGE MOORE: How many hours a

5 week do you work?

6 THE WITNESS: Forty to 100.

7 CHIEF JUDGE MOORE: And is that 40 to

8 100 for work you do for judicial matters here at

9 the Court?

10 THE WITNESS: Yes.

11 JUDGE PROST: And is that work

12 typically performed in person, in chambers, or

13 elsewhere?

14 THE WITNESS: On advice of counsel, I

15 am going to invoke my Fifth Amendment right

16 against self-incrimination.

17 CHIEF JUDGE MOORE: You've indicated

18 that you work 40 to 100 hours a week for

19 judicial matters here at the Court. Can you

20 give us any examples of work you've done in the

21 last week?

22 THE WITNESS: On advice of counsel, I

23 am going to invoke my Fifth Amendment right

24 under self-incrimination.

25 CHIEF JUDGE MOORE: Can you give us any
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1 examples of work you've done in the last year?

2 THE WITNESS: On advice of counsel, I

3 am going to invoke my Fifth Amendment right

4 against self-incrimination.

5 CHIEF JUDGE MOORE: What do you spend

6 the 40 to 100 hours a weeks doing?

7 THE WITNESS: On advice of counsel, I

8 am going to invoke my Fifth Amendment right

9 against self-incrimination.

10 JUDGE PROST: Were you hired as a term

11 law clerk or did the position convert after a

12 certain period of time?

13 THE WITNESS: It converted.

14 JUDGE PROST: Do you recall

15 approximately when?

16 THE WITNESS: At about two years,

17 roughly.

18 JUDGE PROST: And that's two years --

19 when did you start your employment here?

20 THE WITNESS: Early December of 2019,

21 and it converted in December -- November,

22 December of 2021.

23 CHIEF JUDGE MOORE: Did you tell anyone

24 that you were subpoenaed to appear here today?

25 THE WITNESS: Yes.
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1 CHIEF JUDGE MOORE: Who did you tell?

2 THE WITNESS: On advice of counsel, I

3 am going to invoke my Fifth Amendment right

4 against self-incrimination.

5 CHIEF JUDGE MOORE: We have an ongoing

6 judicial misconduct and disability proceeding.

7 I am going to instruct you now that you do not

8 delete any emails in your court account. Do you

9 understand that instruction?

10 THE WITNESS: Yes.

11 CHIEF JUDGE MOORE: Will you agree to

12 comply with that instruction?

13 THE WITNESS: Yes.

14 CHIEF JUDGE MOORE: , we

15 have no further questions at this time given

16 that you have taken off the table so many topics

17 related to your work here at the Court, and are

18 refusing to answer those questions.

19 We reserve the right to call you

20 again at some point in the future, and if at

21 some future date you can come up with

22 circumstances that you think would change

23 whether you're willing to cooperate or not,

24 please let us know.

25 THE WITNESS: Okay.
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1 CHIEF JUDGE MOORE: This concludes the

2 proceedings.

3 (Whereupon, at 10:15 a.m., the

4 deposition was concluded.)

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
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1

2 CERTIFICATE OF REPORTER

3

4

5 I, Susanne Bergling, do hereby certify

6 that the foregoing proceedings were recorded by

7 me via stenotype and reduced to typewriting

8 under my supervision; that I am neither counsel

9 for, related to, nor employed by any of the

10 parties to the action in which these proceedings

11 were transcribed; and further, that I am not a

12 relative or employee of any attorney or counsel

13 employed by the parties hereto, nor financially

14 or otherwise interested in the outcome of the

15 action.

16

17

18 

19 SUSANNE BERGLING, RMR-CRR-CLR

20

21

22

23

24

25




[Affidavit 2]









































[Affidavit 8]

































[Affidavit 11]


[Affidavit 12]






Exhibits A, B, C, D, E, and F

have been redacted in their entirety for confidentiality purposes.









Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O 

have been redacted in their entirety for confidentiality purposes.
[Affidavit 14]



Exhibit 1
From: Chief Judge Kimberly A. Moore

To:

Cc:

Subject: FW: 

Date: Wednesday, April 19, 2023 3:48:00 PM

Effective immediately, is no longer an employee of the Newman

chambers. He will no longer answer Judge Newman chambers phone lines or

have access the chambers Y drive or receive emails to . remains

available to assist with matters of transition and has prepared a transition memo

which will be sent to chambers by . There should be no direct

communication from any member of the Newman chambers including the judge to

. All communication with from any member of the Newman chambers

whether by email, phone, teams or otherwise should be directed exclusively to

 who will them relay the information to .

Kimberly Moore

The Honorable Kimberly A. Moore

Chief Judge

U.S. Court of Appeals for the Federal Circuit

1
Exhibit 2

Exhibit 3
1

From: Judge Pauline Newman

Sent: Thursday, April 27, 2023 5:25 PM

To: Chief Judge Kimberly A. Moore

Cc:

Subject: Re: Support services

Judge Moore,

I never released my paralegal   from my chambers staff. His movement to your staff, without consultation

with me, violates his confidentiality and other  obligations to me.  

Nor have I released my law clerk . I observe that he is now listed as “law clerk— chambers of   

” This was not cleared with me, and I was never notified of this move, again in violation of the confidentiality of

my chambers, and in violation of my right to law clerk services.  

Judge Newman  

Sent from my iPhone

On Apr 27, 2023, at 9:43 AM, Chief Judge Kimberly A. Moore wrote:

Judge Newman,  

Your paralegal ceased to be a member of your chambers staff on April 19, 2023 and the circumstances

surrounding this are, as you know, a matter of on‐going proceedings.   

You requested to bring in a temporary assistant (you indicated that your prior assistant   was

willing). This was approved days ago and our HR   has repeatedly tried to process her return but

you have refused to allow her to proceed.   If there is delay in processing your cases due to not having

an assistant (despite having three law clerks) that could have been cured by your permitting HR to

proceed to bring back your prior assistant‐which was repeatedly offered to you.  

Given that you refuse to bring in exactly the temporary assistant services you requested unless the court

posts an advertisement for a permanent position, and are using your lack of assistant support as an

excuse for further delays in processing cases please accept the court’s repeated offer to bring in a

temporary assistant and our HR team will also begin the process of posting for a replacement.    

Kimberly Moore  

Get Outlook for iOS
Exhibit 4
From: Chief Judge Kimberly A. Moore

To: Judge Pauline Newman

Subject: RE: Judicial assistant and law clerk positions

Date: Tuesday, May 9, 2023 8:40:17 PM

Attachments: image001.png

image002.png

Judge Newman:

There has been nothing uncertain or ambiguous in the communications with you concerning hiring a permanent replacement

for your JA/paralegal. On April 27, 2023, emails both from me and from made clear that I had authorized hiring

a permanent replacement. The only reason that process has not moved forward is that you have failed to approve any of the

versions of the vacancy announcement that has transmitted for your review.

Specifically, in an email at 9:43 am on April 27, I asked you to accept the court’s repeated offer to bring in a temporary

assistant and also explained that HR would begin the process of posting for a permanent replacement. Posting for a

replacement necessarily indicates that hiring has been authorized, it makes no sense to suggest that the court has authorized

you to publicly advertise that you are hiring for a vacant position if there is not, in fact, authority to hire for that position.

Less than an hour after my email, at 10:25 am, sent you an email with a draft of the vacancy announcement. Her email

made it clear that the full hiring process had been authorized as she anticipated later steps in the process and asked you how

you would like to receive the packages for qualified applicants.

On Sunday April 30, 2023, at 6:35 pm you responded to . You did not raise any concern that there was some uncertainty

as to whether hiring a permanent replacement had actually been authorized. Instead, you asked for a copy of the vacancy

announcement that had been used to recruit a paralegal for your chambers in 2021. In several further email exchanges with

, you went back and forth over the draft vacancy announcement until informed you by email of May 2, 2023 at 2:05

pm that a link you had sent her (showing a vacancy announcement at the D.C. Court of Appeals) was not working.

included an updated draft of the vacancy announcement and asked you to approve it for posting. You failed to respond to that

request and was unable to move forward. has repeatedly sought approval from you to move forward with the

temporary service your requested and the permanent service you requested. Any failure to acquire these services for you is

due to your failure to authorize to move forward.

If you wish to hire a permanent JA/paralegal, please review and approve the vacancy posting that has sent to you. 

Kimberly Moore

Kimberly A. Moore

Chief Judge

U.S. Court of Appeals for the Federal Circuit

From: Judge Pauline Newman 

Sent: Tuesday, May 9, 2023 3:48 PM

To: ; Chief Judge Kimberly A. Moore 

Cc: Judge Pauline Newman 

Subject: RE: Judicial assistant and law clerk positions

Yes indeed; this was the reason for my uncertainty. Authorizing “beginning the process of posting” is not the

same as authorizing hiring the replacement. I ask Judge Moore to confirm that she authorizes hiring the

replacement, not just beginning the process of posting.

Similarly, I ask Judge Moore to confirm that there are no obstacles to my proceeding with hiring a fourth law

clerk.

PN

From:

Sent: Tuesday, May 9, 2023 2:38 PM

To: Judge Pauline Newman 

Cc: Chief Judge Kimberly A. Moore 

Subject: RE: HR question
Hi Judge Newman,

The Chief gave approval to recruit for the permanent refill of your JA/paralegal position on April 27th. Please see the

email attached from the Chief at 9:43AM on that date where she states that “HR will begin the process of posting for a

replacement. “ Shortly after the Chief’s email, I followed-up with an email sent directly to you on the same date at

10:23 AM (also attached) letting you know that in light of the Chief’s approval I was sending along a draft vacancy

announcement for your review/approval and that once the announcement was finalized I would post it publicly.

After the two emails attached and referenced above, you and I exchanged several emails regarding the announcement

(highlighted below). The last email in this exchange is an email I sent to you on May 2nd, in which I attached a draft

announcement for a JA rather than a paralegal and asked that you review and approve so that I could move forward

and post it.

 Human Resources

U.S. Court of Appeals for the Federal Circuit

From: Judge Pauline Newman 

Sent: Tuesday, May 9, 2023 1:42 PM

To:

Cc: Chief Judge Kimberly A. Moore 

Subject: Re: HR question

Thank you, . I have been awaiting word that Judge Moore has approved the hiring of a permanent JA on posting of that

opening. If I missed receipt of notice of such approval, please resend.

PN

Sent from my iPhone

On May 9, 2023, at 1:10 PM, wrote:

Chief Judge Moore,

I have been in communication with Judge Newman regarding both the temporary rehire of and

the recruitment for a permanent fill of the JA/paralegal position in her chambers for several weeks. I am

currently at a standstill with both rehire and the recruitment, as I am awaiting responses/approvals

from Judge Newman.

Specifically, I am waiting for Judge Newman to confirm specific details of return and provide

approval for me to begin the process of seeking a salary offset waiver from the AO. My last email to Judge

Newman regarding was on May 3rd and I have not yet received a response from her. called me

yesterday with HR questions specific to returning to the court as a rehired annuitant and I am expecting a

follow-up email from her. I am also waiting for Judge Newman to approve the draft JA vacancy

announcement for her chambers position. My last email to her regarding this matter was on May 2nd and I

have not yet received a response from her.

Below is timeline of my communication with Judge Newman regarding both matters. Communications in blue

primarily relate to rehire and items in red primarily relate to the recruitment for a permanent fill.

Monday, April 24, 2023

1. 2:20 PM: Telephone call with Judge Newman to discuss the temporary rehire of , which you

10. 9:35 PM: Judge Newman responded inquiring again whether pension annuity would be affected

and whether she would be separately paid for time worked at the court. Judge Newman asked about how

 would be paid for hours worked at the court, whether would be eligible for travel

reimbursement, and if there was any additional information the judge needed to know.

Wednesday, May 3, 2023

1. 9:13 AM: I responded to Judge Newman with assurance that, if approved by the AO, annuity

payments will continue uninterrupted and that in addition to her annuity she will also receive a separate

payment for her earnings for whatever hours she works for the judge. I further explained the method

and timing of payments and notified Judge Newman that is not eligible for travel reimbursement.

Monday, May 8, 2023

2. 4:22 PM: I spoke with by phone, returning a voice mail that she left for me at 3:30 PM. had

a number of questions regarding the effect on her pay and benefits of returning as a rehired annuitant. I

provided answers to the questions I was able to and promised to follow-up with answers to those

questions that required more research. stated that she would prefer to have all of the answers in

writing and said that she would send me an email with all of her questions.

Please let me know if you have any questions.

Thanks,

 Human Resources

U.S. Court of Appeals for the Federal Circuit

From: Chief Judge Kimberly A. Moore 

Sent: Tuesday, May 9, 2023 10:21 AM

To:

Subject: HR question

Can you please check in with Judge Newman because weeks ago her requests for judicial assistance

were approved? Why hasn’t this moved forward? As I understand it:

April 19: resigned from Judge Newman’s chambers on April 19, 2023 and asked that

there be no further communication between him and Judge Newman. He was assigned to our

Clerk’s Office where he now works.

Judge Newman requested that she be permitted to bring back her former judicial assistant, 

who her chambers claimed was ready and willing to come back. As I understand it, you contacted

the AO to determine how to bring back (a retired annuitant) in a manner which would not

diminish her retirement annuity. I agreed to petition the AO to waive the salary set-off that 

would face as a reemployed annuitant. This way would receive her full retirement annuity

and get paid for any hours she worked at the court.

April 24: I understand you to have communicated the approval to bring back to Judge

Newman on April 24 including the fact that will be brought back in a manner which allows

her to keep both her full retirement annuity and get paid.

April 27 (9:43 am): I sent Judge Newman an email (copying you) which approved her request to

advertise to hire a permanent paralegal/assistant.

Given that her request for temporary assistance was approved 16 days ago (just 5 days after her

assistant resigned) and that her request to advertise for a permanent replacement was approved 13

days ago, I am confused about her below claims that either I or the court continue to deprive her of

what she refers to as secretarial services.

From: Judge Pauline Newman 

Sent: Monday, May 8, 2023 3:40 PM

To:

Subject: Re: Governance and Education Travel Report (fka Non-Case Related Travel Report) Report Due

May 15

 since I don’t at present have a JA, by action of the Chief Judge, please advise how the court

proposes to assist in handling these reporting requirements.

PN

Sent from my iPhone

On May 8, 2023, at 3:09 PM, wrote:

Good afternoon,

This email is a friendly reminder that the Governance and Education Travel Report

(fka Non-Case Related Travel Report) is due May 15. This report must be

completed even if your judge didn’t do any relevant traveling in 2022, which is

known as a negative report.

I’ve reviewed the entries and noticed that some hadn’t clicked the Certify Travel

button. So please be sure to do so by May 15. 

Also, if your judge attended our Judicial Conference, it is a reportable item,

according to The Guide to Judiciary Policy. Please see the rule below and refer to

your judge. Please let me know if you need me to decertify you to make any

changes. 

Exhibit 5
1

From:   

Sent: Thursday, April 27, 2023 8:23

To: Judge Pauline Newman

Cc: Greg.Dolin@ncla.legal; mark.chenoweth@ncla.legal

Subject: RE: CONFIDENTIAL: Follow‐up

Judge Newman, 

Respectfully, I have not withheld any information from your counsel and stand by what I stated 

in the below email. As I previously explained to you by email on April 24, 2023, your concerns 

about staffing for your chambers need to be addressed to the Judicial Council and not me. I was 

not involved in the decision concerning the removal of staff from your chambers or the question 

of whether to fill the vacancy. Your request for expansion of services by the Clerk’s Office—

namely direct secretarial support and assistance with editing and preparing opinions—is outside 

of the scope of our authority or services we provide to any other judge of this court. Accordingly, 

I promptly referred your request to Chief Judge Moore, who responded to you the same 

day. Absent a contrary direction from either the Chief Judge or the Judicial Council, I cannot 

proceed and so again, I request that you direct your concerns to them. 

The Clerk’s Office remains available to provide the same services to you that we provide to any 

other chambers, which we have done so since the beginning of this matter. Specifically, we have 

continued to provide you with IT support and assistance; full access to existing communication 

and network systems; and the processing of judicial directions from you and your chambers, 

including promptly issuing an opinion on your behalf earlier this week. Once you alerted me to 

the issue of a removed desktop from your chambers, I attempted to clarify for you what 

happened; explained that the movement of the desktop from your chambers was standard policy 

when a staff member changes desks; explained that even with the movement of the desktop 

there was no chambers information on the device as all of your chambers records were saved to 

and available on your private chambers network drive; and directed the prompt restoration of a 

desktop to your chambers, which has since happened. I explained this all to you over several 

email exchanges ending on April 25, 2023. 

You have my consent to share our several email exchanges with your counsel. 

Regards, 

Chief Deputy Clerk, Clerk’s Office 

U.S. Court of Appeals for the Federal Circuit 

 | www.cafc.uscourts.gov
2

From: Judge Pauline Newman   

Sent: Wednesday, April 26, 2023 17:40

To:

Cc: Greg.Dolin@ncla.legal; mark.chenoweth@ncla.legal

Subject: Re: CONFIDENTIAL: Follow‐up

, you have withheld from my counsel the information that you refused to permit filling the paralegal/secretarial

position in my chambers, unlike all the other judges.  My judicial activity is highly prejudiced.  

Judge Newman  

Sent from my iPhone

On Apr 25, 2023, at 10:52 AM, wrote:

  

Mr. Dolin,

Thank you for speaking with me by phone moments ago. 

Appearance and Admission. Since my earlier message to Judge Newman, the 

Judicial Council has waived the need for formal entry of appearance. Because you 

clarified that you are now lead counsel on this matter and a member of the Federal 

Circuit bar, this is moot anyway. We do not require any separate filing on this 

point.

Service and Filing. In order to expedite the receipt by you and the Judicial 

Council of all matters and avoid the need for paper delivery and service, we agreed 

to the following process.

1. If needed, any future filings with the judicial council on this matter can be 

emailed to me at this address. Please send anything in PDF format 

encrypted using the same password we agreed to by telephone.

2. I will serve any orders and items from the judicial council or the special 

committee to you, Mr. Chenoweth, and Judge Newman by email in the same 

format, again using the same password.

Copy of Current Orders. I will transmit by email to you today all orders already 

entered in this matter. The files will be encrypted with the same password. 

Access to Court Resources. While on the phone, you asked for clarification on 

Judge Newman’s ability to access her chambers materials and issue opinions. I 
3

clarified that Judge Newman has continued and continues to have full access to her 

chambers materials and the ability to transmit opinions to the Clerk’s Office for 

issuance. I noted that I separately clarified this issue for Judge Newman by email 

earlier today. The Clerk’s Office remains available to provide the same technical 

assistance and support for Judge Newman that we currently provide to all of the 

other judges of the court.

Please let me know if I can clarify anything else. My direct dial and mobile number 

are below as well if you need to reach me.

Regards, 

Chief Deputy Clerk, Clerk’s Office

U.S. Court of Appeals for the Federal Circuit

 | www.cafc.uscourts.gov

  

  
Exhibit 6
From: 

Sent: 

To: 

Cc: 

Subject: 

Chief Judge Moore, 

Judge Pauline Newman 

Thursday, July 6, 2023 10:23 AM 

Chief Judge Kimberly A. Moore 

Return of my chambers computer

I once more request the return of my chambers computer, with my stored information . It is 

apparently being withheld at your instruction, for my requests have all been rejected. Please 

instruct the immediate return of the computer that was taken from my chambers. 

Judge Newman 

Sent from my iPhone 

1
From: 

Sent: 

To: 

Cc: 

Subject: 

Chief Judge Kimberly A. Moore 

Thursday, July 6, 2023 11 :49 AM 

Judge Pauline Newman 

RE: Return of my chambers computer 

Judge Newman,

It is my understanding that you have raised repeatedly the concern that when 

resigned from your chambers his computer had your stored information on it. Our Clerk of 

Court, , and our IT Department, all of whom are copied here, have explained to 

you multiple times that when resigned any of your chamber's information that had been 

stored locally on his computer was uploaded to your chambers y drive and that his computer's 

access to your y drive was immediately disabled by our IT staff. I have been informed that our 

Clerk of Court and our IT Department have both examined computer on multiple 

occasions and confirmed that there is none of your stored information on his computer and that 

his computer has no access to your y drive. I have further been informed that they have 

communicated this to you repeatedly by email. I copy them on this so that they may confirm yet 

again, as you have been repeatedly told, that there is no computer with your stored information 

being withheld from you. 

The Honorable Kimberly A. Moore 

Chief Judge 

U.S. Court of Appeals for the Federal Circuit 

2

[Director of IT; Help Desk Manager; Clerk 

of Court]




From: 

Sent: 

To: 

Judge Pauline Newman 

Thursday, July 6, 2023 5:06 PM 

Chief Judge Kimberly A. Moore 

Cc: 

Subject: Re: Return of my chambers computer 

I again request that the computer drive containing my information be immediately returned to 

me. 

Judge Newman 

Sent from my iPhone 

7

[Director of IT; Help Desk Manager; 

Clerk of Court] 


From: 

Sent: 

To: 

Judge Pauline Newman 

Thursday, July 6, 2023 9:54 PM 

Chief Judge Kimberly A Moore 

Cc: 

Subject: Re: Return of my chambers computer 

Judge Moore, 

Correction. My chambers computer was removed and has not been returned, despite my 

frequent requests. I require its return. 

Judge Newman 

Sent from my iPhone 

10

[Director of IT; Help Desk Manager; 

Clerk of Court] 










From: 

Sent: 

To: 

Cc: 

Judge Pauline Newman 

Friday, July 7, 2023 3:44 PM 

Subject: 

; Chief Judge Kimberly A. Moore 

Re: Return of my chambers computer 

To be clear: your position is that if is "contrary to court policy" to return the computer and its drive containing my 

chambers information? 

Judge Newman 

Sent from my iPhone 

21

[Clerk of Court] [Director of IT; Help 

Desk Manager] 





From: 

Sent: 

To: 

Cc: 

Judge Pauline Newman 

Friday, July 7, 2023 4:44 PM 

Subject: 

; Chief Judge Kimberly A. Moore 

Re: Return of my chambers computer 

, 

Where is the drive of my removed computer? Please return it immediately, with its contents as it was removed. 

Judge Newman 

Sent from my iPhone 

27

[Clerk of Court] 

[Director of IT; Help 

Desk Manager] 


Exhibit 7

Exhibit 8

2