United States Court of Appeals

for the Federal Circuit

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 myself, as presiding officer, 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. 

Pursuant to Rule 13(a) of the Rules for Judicial Conduct 

and Judicial Disability Proceedings, the Committee has received newly discovered information. Because I find there 

is sufficient cause to believe that the new matter constitutes potential misconduct under the Rules, I have determined it is necessary to expand the scope of the 

investigation to include this new matter. 

I.

The new information arises out of an employment dispute between Judge Newman’s [chambers staff member] 

and her [employee] On April 4, 2023, 

[Newman chambers staff member] came to me in my 

capacity as Chief Judge seeking informal resolution of 

a workplace dispute. In particular, [Newman 

Chambers staff member] complained that [employee] was 

contacting him outside of regular workplace hours to 

perform work-related tasks as well as what he viewed as 
IN RE COMPLAINT NO 23-90015 2

tasks that were not part of his job duties. After 

discussing the matter with [Newman chambers staff 

member], I sent an email to Judge Newman that 

same day under the subject “[employee]” to make 

sure Judge Newman was aware of the dispute and to 

work with her to attempt to resolve the issue 

informally: 

From: Chief Judge Kimberly A. Moore

Sent: Tuesday, April 4, 2023 5:37 PM

To: Judge Pauline Newman 

Subject: [employee]

Judge Newman,

A concern by a member of your staff has been 

brought to my attention. I understand that 

your [employee] has been 

contacting your [staff member] in the middle 

of the night to perform some work-related and 

some personal tasks for her. I further 

understand that he has let [employee] know 

that he does not wish to be contacted outside 

of business hours except by you in the case of 

an emergency. It is not clear to me how much 

you know about these inappropriate contacts 

so I am calling them to your attention as 

[employee’s] supervisor to ensure that this 

uncomfortable situation does not continue. 

Can you please confirm receipt of this 

message? 

Judge Newman did not send a confirmation email. She 

did, however, send an email the following day to all judges 
IN RE COMPLAINT NO 23-90015

and chambers staff on the court about not being assigned a 

sitting on the June 2023 calendar: 

From: Judge Pauline Newman 

Sent: Wednesday, April 5, 2023 3:46 PM

To: Chief Judge Kimberly A. Moore 

Cc: -All Judges 

Subject: June Calendar

To Chief Judge Moore,

Yesterday’s notice of the June appeal paneling 

again excludes me from the entire June hearing calendar, despite my request. Please correct this action...

I responded by sending two emails. The first was the 

following email, addressed only to Judge Newman and the 

Judicial Council, with regard to the June sitting: 

From: Chief Judge Kimberly A. Moore 

Sent: Wednesday, April 5, 2023 4:05 PM

To: Judge Pauline Newman 

Cc: Judge Sharon Prost ; 

Judge Richard G. Taranto 

; Judge Todd Hughes 

; Judge Timothy B. Dyk 

; Judge Kara Stoll 

; Judge Alan D. Lourie 

; Judge Tiffany P. 
IN RE COMPLAINT NO 23-90015 4

Cunningham ; 

Judge Raymond Chen ; 

Judge Jimmie Reyna ;

Leonard P. Stark 

Subject: RE: June Calendar

Judge Newman,

I am not certain why you would send this 

email to all law clerks and court staff. Given 

the sensitive nature of the issues involved, I 

am sending this response only to the members 

of the court’s judicial council. You have already been informed that the judicial council 

voted unanimously not to assign you to sit on 

any new cases pending the results of the investigation into potential disability/misconduct identified in the order which you have 

been given. As you know, consistent with the 

rules, a special committee was appointed and 

that investigation is ongoing. To be clear, you 

will not be assigned any new cases until these 

proceedings are resolved. 

The following second email was sent only to Judge 

Newman about the employment dispute matter under 

the subject line “[employee]”: 

From: Chief Judge Kimberly A. Moore

Sent: Wednesday, April 5, 2023 4:12:37 PM

To: Judge Pauline Newman 

Subject: RE: [employee] 

Judge Newman,
IN RE COMPLAINT NO 23-90015

Since I received an email from you a few 

minutes ago, I know you are on email. Yet, 

you did not acknowledge receiving the below 

email which identifies an EDR matter related 

to inappropriate conduct by one of your staff

towards another [Newman chambers] staff 

member. Please let me know that you will address the alleged inappropriate conduct by 

[employee], otherwise I need to do so. I have 

been advised that I should make certain that 

you appreciate that [Newman chambers staff 

member] should suffer no adverse 

consequences for having come forward. 

This court’s Employment Dispute Resolution Plan require that “[a]ll individuals involved in the processes under 

this Plan must protect the confidentiality of the allegations 

of wrongful conduct” and that “[i]nformation will be shared 

only to the extent necessary and only with those whose involvement is necessary to address the situation.” Despite 

those requirements, and my clear attempts to maintain 

confidentiality of the dispute resolution, Judge 

Newman proceeded to send an email, under the subject 

“[employee],” to the court’s “All Judges” list—which 

includes all judges, chambers staff, and other judicial 

employees (95 individuals in all). Judge Newman’s email 

included in full my two emails under the subject 

“[employee]” immediately after her new message: 

From: Judge Pauline Newman 

Sent: Wednesday, April 5, 2023 7:19:29 PM

To: Chief Judge Kimberly A. Moore 
IN RE COMPLAINT NO 23-90015 6

Cc: -All Judges

Subject: Re: [employee]

Judge Moore,

Since you have not responded to my request, I assume you refuse to restore my service as a judge of

the court. This is more significant than a phone call 

to a member of my chambers staff.

Judge Newman

Sent from my iPhone

[Including the above-quoted emails of April 5, 2023,

at 4:12 PM, and of April 4, 2023, at 5:37 PM]

II.

Judicial misconduct is defined as “conduct prejudicial 

to the effective and expeditious administration of the business of the courts.” 28 U.S.C. § 351(a). Misconduct includes, but is not limited to, “treating . . . judicial employees 

. . . in a demonstrably egregious and hostile manner”; “creating a hostile work environment for judicial employees”; 

and retaliating against complainants, witnesses, judicial 

employees, or others for participating in this complaint 

process, or for reporting or disclosing judicial misconduct 

or disability.” Rule 4(a)(2)(B) and (C), and 4(a)(4). 

In addition, the Code of Conduct for United States 

Judges (“the Code”), which is instructive in determining

whether a judge’s conduct constitutes judicial misconduct, 

provides that: (1) “[a] judge should respect and comply 

with the law and should act at all times in a manner that 

promotes public confidence in the integrity and 
IN RE COMPLAINT NO 23-90015

impartiality of the judiciary,” Canon 2A of the Code; (2) “[a]

judge should diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the 

administrative responsibilities of other judges and court 

personnel,” Canon 3B(1); and (3) “[a] judge should practice 

civility, by being patient, dignified, respectful, and courteous, in dealings with court personnel, including chambers 

staff. A judge should not engage in any form of harassment 

of court personnel. A judge should not retaliate against 

those who report misconduct. A judge should hold court 

personnel under the judge’s direction to similar standards,” 

Canon 3B(4). 

Based on this information, I conclude there is sufficient 

cause to believe that Judge Newman’s disclosure of a confidential employment dispute matter and statements made 

in regard to that matter may constitute additional misconduct and may also be relevant to the matters already under 

investigation identified in the March 24, 2023 order identifying a complaint related to inappropriate behavior, inappropriate disclosure of confidential or sensitive 

information, and concerns about mental fitness to perform 

the work of an active judge. I accordingly expand the scope 

of the investigation to include an investigation into this 

newly-identified matter. Pursuant to Rule 15(a)(1)(B), the 

clerk shall transmit a copy of this order to Judge Newman. 

IT IS SO ORDERED. 

 /s/ Kimberly A. Moore

 Date Kimberly A. Moore

 Chief Judge