US appeals judge accused of 'serious misconduct' in deepening fitness probe

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U.S. appeals judge Pauline Newman has committed 'serious misconduct' by refusing to cooperate with a mental fitness probe and should be suspended from hearing new cases for one year or until she submits to a court-ordered examination, an investigative panel of the U.S. Court of Appeals for the Federal Circuit said in a report released on Friday.

U.S. Circuit Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit appears in an undated photo. U.S. Court of Appeals for the Federal Circuit/Handout via REUTERS

A committee of three Federal Circuit judges that authored the report, dated July 31, said the staff statements "paint a consistent and disturbing picture that established a reasonable basis for concern" about Newman's state of mind. "What we've been saying throughout is that this committee is not a proper form" for the investigation, and releasing the report without giving Newman a chance to respond "shows that this committee has a predetermined outcome in mind," Dolin said.

Newman, a highly regarded figure in patent law and a prominent dissenter on the patent-focused Federal Circuit, was appointed to the court by President Ronald Reagan in 1984.made public in April, Federal Circuit Chief Judge Kimberly Moore said Newman had shown signs of cognitive and physical impairment and accused her of refusing to cooperate with inquiries into her mental health.

 

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