“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.
