The oldest federal judge in the United States is battling to continue to serve in her position against her fellow justices who have voiced “serious concerns” about an alleged mental health decline.
This judge has been refusing to cooperate with demands to submit to medical testing, which may cause an earlier suspension she was previously on to be extended.
US Circuit Judge
Pauline Newman is a US Circuit Judge appointed by Ronald Reagan in 1984. Judge Newman is 97 years old, making her the oldest federal judge in the country.
Before her judge appointment, she worked in various positions including as a research scientist, professor of law at George Mason University of Law, and a science policy specialist.
Start of Struggle
The current battle over Newman’s position began back in September of last year when she was suspended following a unanimous vote from a committee of Court of Appeals judges after failing to submit to medical testing.
This suspension followed an investigation launched in March of last year after an alleged cardiac incident that Newman suffered which caused concerns over her ability to serve as a judge.
Troubling Interactions
The Judicial Council overseeing Newman’s case noted court staff that had documented interactions that suggested mental deterioration.
“Affidavits prepared after more than 20 interviews with Court staff reflect consistent reports of deeply troubling interactions with Judge Newman that suggest significant mental deterioration including memory loss, confusion, lack of comprehension, paranoia, anger, hostility, and severe agitation,” said the Judicial Council.
Newman Fights Back
In the wake of her suspension, Newman filed a federal suit against her fellow justices to try to maintain a hold of her position and get reinstated to the bench.
“This district court took and accepted at face value the government’s side of the story, which included, I hate to say, some plain falsehoods about how the investigation had been run,” Newman told Bloomberg Law in a phone interview. “There was nothing resembling the Judicial Conference rules for how an investigation should be done.”
Case Dismissed
Unfortunately for Newman, Judge Christopher Cooper tossed out the lawsuit citing some of her challenges failing to state a claim, and ruling that Newman cannot prevail on arguments of unconstitutionality.
“Because Judge Newman cannot prevail on these counts either, the Court will grant judgment for Defendants and dismiss the case,” Cooper wrote in the court opinion.
Newman’s Argument
Judge Newman has argued that her suspension after refusing to submit to neurological testing to determine if she is fit to perform her duties is an unlawful violation of the Judicial Conduct and Disability Act.
“Nowhere does the statute provide for contempt-like sanctions, where you’re essentially jailed until you comply with a court’s orders,” said Greg Dolin, Newman’s lawyer in an interview with Bloomberg Law.
Extending the Suspension
Now a new report and recommendation of the special committee published July 24 is asking for Newman’s one-year suspension to be renewed after accusing the judge of stymying the investigation.
“Her misconduct is thwarting the investigation and making it impossible for the Committee adequately to perform the important function of determining whether she is fit to perform the duties of her office,” wrote the committee.
Fighting the Committee
Attorney Dolin has told The Independent that Newman intends to fight this newest suspension recommendation as well.
“We believe it is wholly unlawful, unsubstantiated, and as we have said before, is an abuse of power,” Dolin said.
Heroine of the Patent System
Judge Newman is seen as a critical figure in the area of intellectual property law and has issued rulings that have strengthened patent rights which has earned her the nickname of the “heroine of the patent system.”
“She is clearly cogent and able to articulate very complex points of law and capable,” said former clerk Brian Abramson. “She’s been maintaining a fairly steady speaking schedule at conferences and events. Every time she speaks she captures very eloquently the state of the law, the complexity of the issues that are before us, her concerns about the direction of the law, and its ramifications for innovation and the good of the people.”
Recently Honored
Last year, Newman was honored at a patent law conference where she was also invited to speak. Newman has asserted that the probe targeting her has nothing to do with her health, but is due to her strong support for patents. Many of her supporters were in attendance at the conference, and love the way she sticks up for patent owner’s rights.
“I promised I wouldn’t make it political,” said supporter Gene Quinn, CEO and founder of IPWatchdog. This “is what Judge Newman deserves. She deserves a parade.”
Aging Judges
Federal judges in the United States get lifetime appointments, which has become an issue some are concerned about because people are now living much longer than in past decades, and the difficulty of removing these judges should issues arise.
Newsweek reported last year that 86 of the country’s federal judges would be at least 90 years old in 2023. The average age of a sitting federal judge is around 69 years old.
