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Federal Judge Pauline Newman, 96, Suspended By Colleagues In Battle Over Mental Fitness
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A 96-year-old federal judge was suspended on Wednesday after she refused medical testing to determine her mental fitness to continue serving on the bench.
The order came from the Federal Circuit’s Judicial Council, made up of Judge Pauline Newman’s colleagues at the Washington-based U.S. Court of Appeals for the Federal Circuit, which handles matters like contract, trademark and patent law.
Newman was appointed by President Ronald Reagan and has served on the court for 39 years. She previously refused to turn in her resignation when Chief Judge Kimberly Moore requested it earlier this year following complaints about her fitness. Newman instead filed a lawsuit against her colleagues in May, accusing them of trying to oust her simply because of her age.
The Judicial Council noted that Newman “has been a highly valued and respected colleague” who “served with distinction” and whose contributions to the court and the law are “recognized by all,” but said the suspension was necessary due to her refusal to cooperate with the investigation as required by the Judicial Conduct and Disability Act of 1980.
That law, the council said, was enacted by Congress “to address (among other things) judges who may no longer be fit for judicial office.”
The council said reports from court staff indicate Newman is showing signs of “significant mental deterioration including memory loss, confusion, lack of comprehension, paranoia, anger, hostility, and severe agitation.”
The council stated that Newman has been falling behind on issuing opinions, and building up a “troubling backlog” of cases.
“Judge Newman has been having trouble recalling events, conversations, and information just days old and having trouble comprehending basic information that court staff communicate to her,” the council stated.
Rather than undergo medical examination, Newman submitted to the council statements from two doctors attesting to her fitness to serve.
In their order, the council said that as a matter of “settled precedent,” the subject of the investigation cannot submit “tests of her own choosing in lieu of those ordered by the Committee” from independent providers.
The council said the suspension could be lifted if Newman complies with the order to undergo medical testing.
Federal judges are selected by presidents and confirmed by the U.S. Senate for lifetime appointments. There is no mandatory retirement age.
TMX contributed to this article.
