Ethics experts agree that an investigation into 95-year-old Judge Pauline Newman’s ability to perform her duties at the U.S. Court of Appeals for the Federal Circuit should be transferred to a different court to avoid the appearance of prejudice.

“The judiciary sort of has had one black eye after another, so you think they would want to avoid having, if not another black eye, at least one more shaded eye,” said Russell Wheeler, president of the Governance Institute and a visiting fellow at the Brookings Institution.