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# Notices & Announcements

Home ­­» The Court ­­» Notices & Announcements

### 				Release of Materials in Ongoing Judicial Investigation			

			August 4, 2023		

Pursuant to Judge Newman’s request under Rule 23(b)(7) and pursuant to Rule 23(b)(8), the materials below are being released.  Judge Newman has also requested public release of the transcript of the oral argument held on July 13, 2023.  The Committee is prepared to release that transcript, but has been waiting for proposed redactions from Judge Newman since July 27.  Once Judge Newman proposes any redactions or confirms that she has none, the transcript will be released promptly.  
                              - July 31, 2023 Report and Recommendation of the Special Committee
                              - July 24, 2023 Letter
                              - July 12, 2023 Order
                              - July 12, 2023 Letter
                              - July 11, 2023 Order
                              - July 7, 2023 Order
                              - July 5, 2023 Brief

Prior documents in this matter can be found on the court’s website.  Neither the Judicial Council, Special Committee, nor the court are providing any additional statement at this time.

### 				Public Service Interruption Notice (July 3, 2023)			

			July 3, 2023		

The U.S. Court of Appeals for the Federal Circuit is experiencing technical difficulties and is unable to receive external emails, telephone calls, or web chat service requests.  Walk-in public services are also limited to only accepting paper filings or documents.  Public electronic filing, PACER access, and online payment services remain available.  

There is currently no estimated time as to when services will be fully restored but additional information will be posted once it becomes available. 

### 				Release of Materials in Ongoing Judicial Investigation			

			June 20, 2023		

The Court has approved the public release of the following materials related to the Special Committee’s ongoing investigation.  Prior orders in this matter can be found on the court’s website.
                              - June 20, 2023 Order
                              - June 15, 2023 Letter

Neither the Judicial Council, Special Committee, nor the Court are providing any additional statement at this time.

### 				Release of Prior Orders in Ongoing Judicial Investigation			

			June 5, 2023		

The Court has approved the public release of all prior orders of the Special Committee and the Judicial Council, as well as Judge Newman’s Letter Responses to date, with appropriate redactions to protect the identity of witnesses.  These orders, including orders entered today, are available below.  Prior orders in this matter can be found on the court’s website.
                              - June 5, 2023 Judicial Council Order
                              - June 5, 2023 Order
                              - June 2, 2023 Letter
                              - June 1, 2023 Order
                              - May 26, 2023 Order
                              - May 25, 2023 Letter
                              - May 22, 2023 Order
                              - May 20, 2023 Letter

Neither the Judicial Council, Special Committee, nor the Court are providing any additional statement at this time.

### 				Federal Circuit Schedules October 2023 Session for the Atlanta Area			

			May 30, 2023		

The U.S. Court of Appeals for the Federal Circuit is pleased to announce that it intends to sit in Atlanta, Georgia as part of its October 2023 session.  The Federal Circuit will also concurrently hold its regular session in Washington, D.C.  Counsel scheduled for the October 2023 session in either location will be notified by the Clerk’s Office later this year.  The full notice is available here (pdf).

### 				Release of Prior Orders in Ongoing Judicial Investigation			

			May 16, 2023		

The Court has approved the public release of all prior orders of the Special Committee and the Judicial Council, as well as Judge Newman’s Letter Responses to date, with appropriate redactions to protect the identity of witnesses.  These orders, including orders entered today, are available below.
                              - May 16, 2023 Order
                              - May 16, 2023 Redacted Order
                              - May 9, 2023 Letter
                              - May 3, 2023 Judicial Council Order
                              - May 3, 2023 First Redacted Order
                              - May 3, 2023 Second Order
                              - April 21, 2023 Letter
                              - April 20, 2023 Redacted Order
                              - April 17, 2023 Redacted Order
                              - April 13, 2023 Redacted Order
                              - April 7, 2023 Redacted Order
                              - April 6, 2023 Redacted Order
                              - March 24, 2023 Redacted Order

Neither the Judicial Council, Special Committee, nor the Court are providing any additional statement at this time.

### 				Statement of the Judicial Council of the Federal Circuit*			

			April 14, 2023		

Recent public reports state that a proceeding under the Judicial Conduct and Disability Act and the implementing Rules for Judicial-Conduct and Judicial-Disability Proceedings has been initiated naming Judge Pauline Newman as the subject judge.  No member of the Judicial Council was a source of the information reported, which the reports attribute to persons who have read documents filed in the described proceeding.

Rule 23 imposes strong obligations of confidentiality regarding misconduct and disability proceedings.  But Rule 23(b)(1) authorizes a judicial council to disclose the existence of a proceeding under the Rules when necessary or appropriate to maintain public confidence in the judiciary’s ability to redress misconduct or disability, and Rule 23(b)(8) authorizes a judicial council in special circumstances to disclose information about the consideration of a complaint under the Rules.  The Commentary to Rule 23 explains: “Under subsection (b)(8), where a complainant or other person has publicly released information regarding the existence of a complaint proceeding, . . . a judicial council . . . may authorize the disclosure of information about the consideration of the complaint, including orders and other materials related to the complaint proceeding, in the interest of assuring the public that the judiciary is acting effectively and expeditiously in addressing the relevant complaint proceeding.”

The Judicial Council of this Circuit has determined that it would serve the important public interests articulated by the Rule for the Council to make this public statement.  The Council confirms the existence of a proceeding under the Act and Rules naming Judge Newman as the subject judge.  Reflecting events at the court, the Chief Judge, carrying out her obligations to the judiciary and the public under the Act and Rules, “identif[ied] a complaint” based on the determinations that there was “probable cause to believe that misconduct has occurred or that a disability exists” and that “no informal resolution [had been] achieved or is feasible.”  Rule 5(a).  The multi-stage process established by the Rules for investigating and adjudicating the allegations supporting such probable cause is now under way.  That process—in which the rights of any subject judge are protected, there are opportunities for voluntary resolution, and allegations can be added when warranted—involves first a Special Committee of judges within the Circuit (Rules 12–17) and then the Judicial Council (Rules 18–20), with review available by the Judicial Conference’s Committee on Judicial Conduct and Disability (Rules 21–22).  The Chief Judge, the Special Committee, and the members of the Council, who all recognize and admire the lifelong contributions of the justly esteemed Judge Newman, are committed to fulfilling their difficult obligations in this process.

In the interest of transparency, the Council attaches two orders from the proceeding, with appropriate redactions, to add information about some of the allegations under consideration.  The March 24, 2023 Order and the April 13, 2023 Order are available on the court’s website.

*For purposes of this statement, the Judicial Council does not include Circuit Judge Pauline Newman.

### 				Limited CM/ECF Availability on Friday, April 7, 2023 through Sunday, April 9, 2023			

			March 27, 2023		

Due to an extended maintenance window for the court’s electronic filing system (CM/ECF), the CM/ECF system will be unavailable from Friday, April 7, 2023, at 6:00 p.m. (Eastern) through Sunday, April 9, 2023, at 6:00 p.m. (Eastern). While the system may be available for intermittent accessing of documents, filers should not attempt to file any new documents with the court during this maintenance window.

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Published 03/01/2024-21:00:08 (UTC) by the U.S. Court of Appeals for the Federal Circuit.