On Tuesday, February 4, 2025, ABA Journal reported that a federal appeals judge, aged 97, has been denied her request to unseal documents related to her suspension. The U.S. Court of Appeals for the District of Columbia Circuit ruled that federal law prohibits such disclosure without the consent of the chief judge of her circuit.
Judge Pauline Newman, serving on the U.S. Court of Appeals for the Federal Circuit, sought to unseal documents following a federal judge’s ruling in July that dismissed her challenge to the disability law affecting her case. Newman was suspended in September 2023 after she declined to undergo medical evaluations aimed at assessing her mental fitness for duty.
During her appeal, Newman asserted that the documents in question contained only confidential information concerning her medical history. However, the Federal Circuit dismissed her claims, stating that the documents lacked significant relevance and would eventually be available with redactions.
The investigation into Newman’s fitness for duty was prompted by indications of potential cognitive decline. An expert, who is also an editor of a leading neurosurgery textbook, testified that Newman possesses an exceptionally high level of cognitive ability and is considered a “super-ager.”
The D.C. Circuit emphasized that under the Judicial Conduct and Disability Act, records linked to investigations cannot be disclosed unless there is written consent from both the judge under investigation and the chief judge of the relevant circuit.
Source: ABA Journal
