Wntteb $>!ates �ourt of �peals 

for tbe jf eberal �trcutt 

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. 

In orders dated April 7, 2023, April 17, 2023, and May 

3, 2023, the Committee ordered Judge Newman to undergo 

a neurological evaluation and neuropsychological testing to 

determine whether she suffers from a disability and ordered her to provide medical records. The unanimous Judicial Council issued its own order on May 3, 2023 supporting the Committee's decision to require the examinations 

(the evaluation and testing) and the provision of medical 

records. Judge Newman has not complied with those orders. On May 16, 2023, the Committee provided further 

explanation of the relevance of the medical records and 

narrowed its order to require Judge Neman to provide the 

necessary records directly to the medical provider (no 

longer requiring such records be provided directly to the 

Committee) and provided Judge Newman with 30 days in 

which to provide the records. The Committee again sought 

that Judge Newman undergo a neurological evaluation and 
IN RE COMPLAINT NO 23-90015 

neuropsychological testing to determine whether she suffers from a disability (such testing to be scheduled at a mutually convenient time in the future). The Committee 

further explained the nature of this testing (entirely noninvasive), its duration, and the cognitive functions such 

testing sought to evaluate. The Committee again requested that Judge Newman participate in an interview 

with the Committee. The Committee requested that Judge 

Newman inform the Committee by May 23, 2023 whether 

she would comply with the order and then granted her 

counsel an extension until May 26, 2023. The Order further informed Judge Newman that "[r]efusal to comply 

with this Order without good cause shown may result in 

the Committee seeking to expand the scope of the investigation to include an inquiry into whether Judge Newman's 

further noncooperation constitutes misconduct under Rule 

4(a)(5)." 

Judge Newman responded to the Committee on May 

25, 2023, indicating that Judge Newman will not comply 

with any aspect of the May 16 Order. Specifically, she refused to engage with the ordered neurological evaluation 

and neuropsychological testing, to produce certain medical 

records, and to meet with the Committee for a recorded interview. 

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 and whether her failure to cooperate constitutes misconduct. 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."). 

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IN RE COMPLAINT NO 23-90015 

Based on this information, there is sufficient cause to 

believe that Judge Newman has failed to cooperate and 

thereby committed additional misconduct. Accordingly, 

the scope of the investigation is expanded to include an investigation into this newly identified matter. 

IT IS SO ORDERED. 

0512612023 

Date 

3 

Isl Kimberly A. Moore 

Kimberly A. Moore 

Chief Judge