Federal judge who refuses mental evaluation at age 97 fights suspension

Judge Pauline Newman, the oldest federal judge in America at 97, is continuing to fight against a suspension from the bench by her colleagues who found her mentally unfit to serve. Newman, who was appointed by President Ronald Reagan in 1985 to the U.S. Court of Appeals for the Federal Circuit, was barred from serving in September 2023 for a year by the Federal Circuit’s Judicial Council. The panel cited “reasonable concerns” surrounding her mental fitness as the reason for her suspension.

The suspension was later extended for another year due to the panel’s belief that Newman had refused to cooperate with the investigation into her mental fitness. The Committee on Judicial Conduct conducted over 20 interviews with court staff, pointing to Newman’s alleged “significant mental deterioration including memory loss, confusion, lack of comprehension, paranoia, anger, hostility, and severe agitation,” according to court documents.

Newman, a leading intellectual property jurist, has vehemently denied the allegations against her. Her team disputes claims that she was slower than her colleagues in issuing opinions and had a backlog of cases. They argue that Newman is physically and mentally fit to continue her duties on the bench. Independent evaluations from doctors have supported this claim, stating that she is in sound mental and physical health.

In response to her suspension, Newman filed a federal lawsuit against her fellow judges. U.S. District Judge Christopher R. Cooper dismissed most of Newman’s lawsuit in February and later threw out the entire case in July. Newman has since appealed the ruling, arguing that she remains intellectually sharp despite her advanced age.

Newman is being represented in the lawsuit by the New Civil Liberties Alliance (NCLA), a nonprofit civil rights group. The NCLA views the suspension as illegal and unconstitutional, arguing that Newman was removed from her duties without due process. The group has called for the D.C. Circuit to intervene and put a stop to the Federal Circuit Judicial Council’s actions against Newman.

Additionally, Newman has filed a motion to unseal documents related to the committee’s investigation and findings, which are currently subject to a gag order set to expire on December 4th. Her legal team has accused her judicial colleagues of refusing to abide by rules of judicial conduct and threatening sanctions against Newman and her counsel for attempting to make the documents public.

While the legal battle continues, Newman remains determined to prove her fitness to serve on the bench. With the support of her legal team and independent medical evaluations, she is fighting to clear her name and resume her judicial duties. The outcome of her appeal and motion to unseal documents remains to be seen, but Newman’s resilience and determination are evident as she fights to uphold her reputation and continue her decades-long career as a federal judge.