At 97 years old, Judge Pauline Newman, the oldest federal judge in the United States, continues to fight a suspension from the bench by her colleagues who deemed her mentally unfit to serve. Newman is appealing her suspension and has also filed a motion to unseal documents related to the investigation that ultimately led to her temporary removal from the bench.
Mr. Newman was appointed to the Federal Circuit Court of Appeals by President Ronald Reagan in 1985, but was suspended for one year starting in September 2023 after the Federal Circuit Judicial Council said he refused to cooperate with an investigation. Forbidden. “reasonable concerns” about her mental health. The suspension was extended for another year by the commission in September.
According to court documents, the Judicial Conduct Commission conducted more than 20 interviews with court staff and determined that she had “significant mental deterioration, including memory loss, confusion, lack of understanding, paranoia, anger, hostility, and severe agitation.” ” was pointed out.
U.S. Circuit Judge Pauline Newman is challenging her suspension. Newman is pictured speaking at a reception honoring her life and work during George Mason University's annual Center for Intellectual Property and Innovation Policy conference on October 12, 2023 in Arlington, Virginia. It's in the picture. (Reuters/Leah Millis)
96-year-old federal judge barred from hearing after panel claims lack of mental fitness: 'baseless allegations'
The suspension order also said Newman was slower to speak out than her colleagues and had “built up a troubling backlog of cases,” which her team says is inaccurate.
The Federal Circuit, where Mr. Newman has served for nearly 40 years, frequently handles patent, intellectual property, and copyright cases. Newman is considered a leading intellectual property jurist.
The investigation into Newman led her to file a federal lawsuit against her fellow judge.
According to Law & Crime magazine, U.S. District Judge Christopher R. Cooper, an Obama appointee, dropped most of Newman's lawsuit in February and later dismissed the entire case in a plea settlement in July.
In his 15-page judgment, Mr. Cooper dismissed Mr. Newman's legal challenges to the Judicial Conduct and Disability Act and did not focus on the factual allegations against him.
Newman appealed the ruling on Monday, telling the District of Columbia Circuit Court of Appeals through her lawyer that despite her age, Newman “remains sharply intelligent,” and that both lay and expert witnesses doubted her. He claimed that his assessment was that his “cognitive function was not abnormally impaired.'' …a woman whose cognitive and physical abilities make her appear “more than 20 years younger than her stated age,” according to Law and Crime.
She said she was physically and mentally well enough to continue working and had an independent evaluation from a doctor who gave the same opinion, court documents said.
Pauline Newman photographed in her Washington, DC, office in May 2023. Newman is the oldest federal judge in the United States. (Bill O'Leary/The Washington Post via Getty Images)
Reagan-appointed judge, now 95 years old, under scrutiny to see if he can still serve.
In an appeal brief cited by Law & Crime magazine, Newman's lawyer said Newman was in good physical and mental health and that the only reason Newman delayed filing his opinion was because “she “We are making extraordinary efforts to ensure that opinions are fully reflected.” Her views remain consistent from case to case and year to year. ”
Newman is being represented in the lawsuit by the New Civil Liberties Union (NCLA), a nonprofit civil rights organization that views the “administrative state” as a particularly serious threat to constitutional liberties.
The group claims the suspension was illegal and that Newman was fired without due process.
“Judge Newman's complete and indefinite suspension is unprecedented in American judicial history and exceeds any sanctions imposed on judges who have committed serious misconduct or fraud,” the group said in a statement. “It is unconstitutional to suspend an Article III judge from all judicial duties of his or her office.”
The organization said world-renowned neurosurgeon Dr. Aaron G. Filler recently ordered a state-of-the-art perfusion computed tomography (PCT) scan of Newman's brain and performed a neurological examination. “It has been confirmed that she is in perfect health with no associated deficiencies” to carry out her official duties. ”
On Thursday, Greg Dolin, who represented Newman throughout the case, said in a statement that the entire disciplinary process against Judge Newman “has always had no basis in fact and has no basis in law.”
“But the issue is bigger than Judge Newman,” said Dolin, NCLA's senior litigation attorney. “What is at stake is the very independence of America's judiciary and system of checks and balances. The D.C. Circuit should block the Federal Circuit Judicial Council's unconstitutional and egregious action against Judge Newman. ”
U.S. Circuit Judge Pauline Newman processes paperwork in a Washington, D.C., courtroom on June 23, 2023. (Jiang Haiyun/Bloomberg via Getty Images)
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Newman also filed a motion to unseal documents related to the commission's investigation and findings that are subject to the Dec. 4 gag order, according to Law and Crime.
Newman's lawyers said his court colleagues refused to abide by rules of judicial conduct and “threatened Judge Newman and his attorneys with unspecified sanctions” for releasing the documents.
Her team also accused the defendants of trying to “direct the process within their own courts” in a “totally inappropriate effort” that is contrary to the law.
Former Senior District Judge Wesley Brown was the oldest federal judge in U.S. history and was actively trying cases until about a month before his death at age 104, according to the U.S. Court of Appeals.
Fox News' Brianna Herlihy and Elizabeth Pritchet contributed to this report.
