The case was only transferred after Chief Judge Moore extended Newman’s suspension for another year.
Today the Chief Judge of the Eleventh Judicial Circuit released this order:
On March 24, 2023, the chief judge of the United States Court of Appeals for the Federal Circuit identified Complaint No. FC-23-90015 concerning U.S. Circuit Judge Pauline Newman under the Judicial Conduct and Disability Act of 1980, 28 U.S.C. §§ 351–364, and the Rules for Judicial-Conduct and Judicial-Disability Proceedings of the Judicial Conference of the United States. On August 19, 2026, the Chief Justice transferred Complaint No. FC-23-90015 and any pending or new complaints relating to the same subject matter to the Eleventh Circuit Judicial Council, where it was assigned Complaint No. 11-26-90237.
Here’s the chronology.
On June 15, 2026, the Supreme Court declined to grant certiorari in Newman v. Moore. The window for seeking rehearing closed 25 days later on July 10. [Note: I previously misstated the Federal Circuit’s decision as stemming from July 2026 instead of July 2025; that reference has been removed.] Subsequently, on August 19, the Chief Justice moved the case to the Eleventh Circuit. It remains unclear whether Judge Moore urged a reallocation of the case or whether the Chief Justice acted unilaterally to remove it from Moore’s docket. I tend to believe it was the latter. If so, credit to the Chief for taking the reins. Better late than never, I suppose? But what prompted the move at this moment? Perhaps the Chief was waiting for all active litigation to conclude before taking the case away from Judge Newman?
After almost three years during which Chief Judge Moore waited for Judge Newman to depart from the bench, the matter may finally find a more receptive forum in Atlanta. May Judge Newman be able to return to the bench at the earliest opportunity.
Indeed, there is a parallel between Chief Judge Moore and Judge Southwick. Both judges place great importance on who sits on their court and appear eager to use their own judicial authority to influence its composition. The ethics experts seem to view neither of their actions as proper, but I disagree. And for what it is worth, Judge Newman could have chosen her successor long ago, yet she has opted to continue serving until she can no longer do so.
