On Thursday, July 25, 2024, Reuters reported that the U.S. Court of Appeals for the Federal Circuit’s judicial council recommended extending the suspension of 97-year-old Circuit Judge Pauline Newman for another year.
Judge Newman was suspended in 2023 after staff at the Federal Circuit raised concerns about her mental health. A three-judge investigative committee found that Judge Newman refused to cooperate with their inquiry into her fitness to serve. She declined to undergo court-ordered medical examinations.
As a result, Judge Newman was barred from hearing new cases for at least one year. Her suspension is currently set to expire in September 2024. However, in a filing made public on Wednesday, the investigative committee said that Judge Newman had failed to provide any evidence to prove that the concerns about her cognitive state were unwarranted.
Documents released by the court last year describe staff reports of Judge Newman exhibiting signs of memory loss, confusion, and angry outbursts. Employees also said she had difficulty handling workplace issues and a growing backlog of cases.
The committee’s recommendation will now go before the full judicial council for a decision on extending Judge Newman’s suspension. If approved, she will remain off the bench until at least September 2025. Judge Newman has defended herself, noting evaluations from her own doctors found her fit to serve. However, the committee maintained the original basis for the medical examination orders was valid.
Judge Newman’s attorney, Greg Dolin of the New Civil Liberties Alliance, argues the suspension is unlawful and says they will continue fighting it. Judge Newman has also separately sued the judicial council in federal court, though that case was dismissed and is now on appeal.
As the longest-serving judge on the Federal Circuit, Judge Newman has been influential in patent law over her decades-long career. However, the controversy over her suspension continues as she seeks to return to active service on the bench. A final determination by the judicial council could impact the long tenure of the 97-year-old appellate judge.
Source: Reuters
