Federal Circuit judges have urged the D.C. Circuit to reject Judge Pauline Newman’s request to unseal documents related to her suspension, asserting that the materials are of “questionable relevance” and are expected to be released with redactions soon.

Judge Newman, 97, filed the request earlier this month as part of her appeal of the dismissal of her lawsuit challenging her suspension. She argued that the sealed documents, which include filings she made during the investigation, reveal violations of her rights and detail threats of sanctions from her colleagues if the materials were disclosed.

However, the Federal Circuit judges maintained Thursday that judicial conduct proceedings are legally required to remain confidential to ensure fairness and integrity, with disclosure only authorized by the chief judge of the court overseeing the investigation. Chief U.S. Circuit Judge Kimberly Moore has not approved the release, they said.

The court indicated that the documents would be released with redactions within weeks, likely after the holidays, potentially rendering Newman’s request moot.

“Given these circumstances, we ask this court not to take the extraordinary step of unsealing the documents, sealed by another circuit’s Article III judges in the midst of an investigation,” the judges stated in their brief.

The dispute stems from an investigation into whether Judge Newman is mentally or physically disabled. Her refusal to undergo medical examinations by doctors chosen by her colleagues was deemed “serious misconduct,” leading to her suspension in September 2023 for one year. The suspension was extended for another year in September 2024 due to her continued refusal.

Judge Newman’s lawsuit challenging her suspension was dismissed by a lower court earlier this year, prompting her appeal to the D.C. Circuit. In her appeal, she argued that the judicial misconduct statute used against her is unconstitutional, claiming it improperly allows judges to remove their peers, a power she asserts is reserved for Congress through impeachment.

The sealed documents include a motion she filed to reconsider her suspension, the Federal Circuit’s response, and what she described as a gag order imposed on her this month. Newman contends these materials demonstrate bias and due process violations in the proceedings.

The Federal Circuit judges countered that confidentiality requirements cannot be waived and are essential to the investigative process. They added that the court has routinely released requested documents after a review for redactions, as will be done with the current filings.

Judge Newman is represented by attorneys from the New Civil Liberties Alliance, while the Federal Circuit judges are represented by the U.S. Department of Justice.

The case is Pauline Newman v. Kimberly Moore et al., case number 24-517, in the U.S. Court of Appeals for the District of Columbia Circuit.