On Friday, December 6, 2024, Bloomberg Law reported that Judge Pauline Newman, the oldest active federal judge in the United States, petitioned the D.C. Circuit Court of Appeals to overturn a suspension that has barred her from hearing cases in the Federal Circuit. The 97-year-old judge asserts that the suspension is an unconstitutional effort to remove her from her judicial responsibilities without the formal impeachment process required by the Constitution.
In her opening brief filed with the court, Newman contends that the suspension, imposed by her colleagues, effectively removes her from office without due process. She emphasized that such a move contradicts the principles established by the Framers of the Constitution regarding checks and balances. The brief states, “Judge Newman has been functionally removed from office,” arguing that removal without impeachment is fundamentally flawed.
Newman’s suspension stems from an investigation by the Judicial Council into allegations of erratic behavior. In May 2023, she initiated legal action against Chief Judge Kimberly A. Moore and the Judicial Council, challenging the legitimacy of her suspension under the Judicial Conduct and Disability Act. However, her case was dismissed in July, leading her to appeal to the D.C. Circuit.
Having served on the U.S. Court of Appeals for the Federal Circuit since her appointment by President Ronald Reagan in 1984, Newman has not been assigned a new case for approximately 18 months. The Judicial Council’s inquiry into her fitness to serve included a request for independent neurological testing, which she declined. The council cited her refusal to provide certain medical records as justification for the suspension.
In her brief, Newman focused on the provisions of the Disability Act, particularly the section that addresses suspensions. She criticized the Federal Circuit for issuing consecutive one-year suspensions, claiming this practice violates the law that only permits temporary sidelining of judges for a specified duration. She highlighted that this situation marks the first time a judicial council has fully removed a judge from all functions indefinitely.
Additionally, Newman argued that the inquiry into her conduct was flawed, as it involved her colleagues, who are potential witnesses in the allegations against her. She expressed concerns that their professional responsibilities could be affected by her removal, given their history of dissenting opinions.
Newman also asserted her mental competency, referencing a recent medical examination conducted by Aaron Filler, a neurosurgeon and attorney who has previously defended his brain scan technology in Federal Circuit proceedings. The outcome of her appeal remains pending as she seeks to restore her position on the bench.
Source: Bloomberg Law
