America’s most senior federal judge continues to fight a court suspension handed to her by colleagues who believe she is “mentally unfit.”
Judge Pauline Newman, 97, was appointed to the U.S. Court of Appeals for the Federal Circuit in 1985 by then-President Ronald Reagan.
But in 2023, the Committee on Judicial Conduct and Disability conducted an investigation into her mental capacity and found “overwhelming evidence” of the judge’s “memory loss, lack of understanding and confusion.”
They alleged that the judge was often “frustrated, agitated, combative and hostile to court staff.”
The commission also ordered her to undergo a 30- to 45-minute interview with a neurologist and a full neuropsychological evaluation to assess her situation, the commission said. Law & Crime.
However, Newman refused to comply and as a result he was barred from receiving new case assignments by the Federal Circuit Judicial Council.
Shortly thereafter, she sued Chief Judge Kimberly A. Moore and her fellow committee members. She was represented at trial by New Civil Liberties Alliance (NCLA).
But District Judge Christopher R. Cooper dismissed the bulk of her case in February and on July 9 dismissed the entire application.
Judge Pauline Newman, 97, was appointed to the U.S. Court of Appeals for the Federal Circuit in 1985 by then-President Ronald Reagan
But in 2023, the Judicial Conduct and Disability Commission conducted an investigation into her mental capacity and found “overwhelming evidence” of the judge’s “memory loss, lack of understanding and confusion.”
The senior judge is now appeal the decision and filed a new lawsuit on December 5 in the U.S. Court of Appeals for the District of Columbia Circuit.
In addition, she is also demanding the release of documents relating to the allegations against her, especially in the area of her mental health.
Newman argued through counsel that she was healthy and had never had an accident in court.
Although advanced in years, Judge Newman retains her keen intellect, and both lay and expert witnesses have described her as an ‘unusually cognitively intact… woman’ whose cognitive and physical abilities make her ’20 years or more younger appears than her stated age. “
‘Her written advice and oral presentations show no signs of deterioration. Because she has chosen not to retire or assume senior status, she continues to serve as a duly confirmed, active-duty U.S. Circuit Judge.
“Judge Newman has been and remains at all relevant times in good physical and mental health, has been willing and able to participate fully in the work of the Court and, in accordance with the Court’s internal practices and procedures for judges with active status, has requested to be assigned to the Court’s regular panel meetings,” the documents read.
The appeal also made clear why Newman appears to be “slow” in handing decisions to the court.
“In part because Judge Newman regularly writes separate opinions, and in part because she goes to extraordinary lengths to ensure that her opinions fully reflect her views and remain consistent from case to case and from year to year, Judge Newman is and continues to be known for his” slow” in making her decisions.
Newman sued Chief Judge Kimberly Moore (top row, fourth from left), but her case was dismissed in July by District Judge Christopher R. Cooper
The senior judge is now appealing the decision and filed a new lawsuit on December 5 in the U.S. Court of Appeals for the District of Columbia Circuit.
She is also demanding the release of documents relating to the allegations against her, particularly regarding her mental health
“But Judge Newman’s decisions have never been criticized for being poorly argued or written, and indeed have been universally praised for their clarity and insight.”
The new filing also accuses Moore of improperly “excluding” Newman from hearing cases before her suspension.
‘On April 6, 2023, Moore barred Newman from assignments, despite the fact that neither the Disability Act nor the Conduct Rules allow for any sanctions – let alone suspension of cases – until the conclusion of the investigation.’
The NCLA claims the suspension is unlawful and that the senior judge was dismissed without due process.
“Judge Newman’s complete indefinite suspension is unprecedented in American legal history and exceeds the sanctions imposed on judges who have committed serious misconduct and inappropriate conduct.
“Suspending an Article III judge from all judicial functions of her office is unconstitutional.”
According to Fox Newsthe group also says that neurosurgeon Dr. Aaron G. Filler recently performed an advanced Perfusion Computed Tomography (PCT) scan of Newman’s brain and a complete neurological examination.
The results showed ‘no relevant deficiencies, confirming her complete suitability to perform the duties of the office.’
The new filing also accuses Moore of improperly “excluding” Newman from hearing cases before her suspension
The NCLA claims the suspension is unlawful and that the senior judge was removed without due process
Greg Dolin, Newman’s NCLA representative, said on the day of the appeal’s filing: ‘The entire disciplinary proceeding against Judge Newman was always factually baseless and legally void. But the issues are more important than Judge Newman.
“At stake is the independence of the American judiciary and our system of checks and balances.
“The DC Circuit must end the Federal Circuit Judicial Council’s unconstitutional actions against Judge Newman.”
A court date for the new trial has yet to be set.