“Unless there is an impeachment proceeding, resignation, or the imposition of sanctions under the Obstacles to Justice Act, an individual duly appointed to serve in a Section 3 judicial office shall not be entitled to such office “in good conduct.” There are no legal grounds against doing so. – NCLA Letter
The New Civil Liberties Alliance (NCLA), which is representing U.S. Court of Appeals for the Federal Circuit (CAFC) Justice Pauline Neumann in her attempt to expel Judge Kimberly Moore from court, announced today: CAFC Chief Justice for the case to be transferred to a new circuit.
The letter states that Moore ordered that Newman not be assigned a new case, that the complaint Moore identified against her “contains fundamental errors of fact,” and that Newman has accused other accusations. Among other things, he blames Moore for not giving him enough time to respond to his many requests.
U.S. Supreme Court Chief Justice John Roberts also received a copy of the letter.
An example of a factual error in Moore’s complaint, according to the letter, is that Neumann’s Summer 2021 Conference seats were reduced compared to his peers. This is because she actually “served 10 different panels of her in the courtroom, more than any other judge, except for two.”
Moore also claimed that Newman did not cooperate. The NCLA letter explains:
“The basis for this complaint appears to be that Circuit Judge Newman failed to comply within three days with an earlier order ordering her to undergo a medical examination by a specialist selected by the ‘Special Committee’. Aside from the significant legal issues raised by such an order, three days is not enough to obtain legal counsel and legal advice to respond to this order.28 USC § 358(b)( 1) See also Judd Conduct and Disability Procedure 15(f).”
Additionally, the letter states that given NCLA is seeking transfer of the matter, Moore’s request that Neumann “undergo a physical examination, provide medical records, and “participate in videotaped interviews with the Commission.” It says the request is premature. to another circuit. NCLA said April 7 and she plans to respond to Moore’s order on the 17th, but will only do so after the transfer request is resolved.
NCLA is seeking to restore full judicial access and duties to Neumann pending an investigation. According to the letter, Moore gave no legal authority or grounds to exclude Neumann from the case, but instead “sent an email to Circuit Judge Newman (copying all other members of the court). The lawsuit has been settled.”
“Absent impeachment proceedings, resignation, or the imposition of sanctions under the Obstacles to Justice Act, denying the functioning of a Section 3 judicial office to an individual duly appointed to that office. There is no legal basis,” the letter said.
In addition, Moore “robbed” [Newman] Losing the power of one of her clerks, her assistant secretary, limited her ability to use the court’s communications system.” Yes, the letter added.
Ultimately, there is a way for a “special committee” made up of witnesses who are current and former members of the Federal Circuit, as well as witnesses who are members of the special committee itself, to make decisions without the appearance of prejudice. No, the case must be transferred. explained the letter. Because it would be a “highly visible” case, such a procedure could also “undermine public confidence” in the system.
The letter also cites precedents indicating that forwarding complaints about circuit judges is standard practice. “Other court practices over the years strongly suggest that a request for transfer is not only appropriate, but necessary.”
IPWatchdog first broke the news of Moore’s “identified complaints” against Neumann on April 12.
After the Federal Circuit released the documents, IPWatchdog founder and CEO Gene Quinn said Moore should at least turn himself down.
“While the rules do not prevent Moore from being a petitioner and participating in the entire proceeding, the rules do not appear to prevent her from declining herself if prudence is warranted. And here. So, to ensure some degree of fairness, Moore really has to give himself up.”
NCLA president and general counsel Mark Chenoweth said he hopes Moore will reconsider.
“I hope that Chief Justice Moore will consider this misguided effort and withdraw the complaint, or at least transfer it to the Judiciary Council where an impartial review of the facts will take place. Under these circumstances. , there is no good reason not to take that wise step.”
