On Tuesday, December 10, 2024, Law & Crime reported that Pauline Newman, the oldest federal judge at 97 years old, is appealing her suspension due to mental health concerns and is seeking to unseal documents related to the allegations against her. Newman, who was appointed to the federal bench in 1984 by President Ronald Reagan, has served on the Federal Circuit for nearly 40 years.

The suspension stems from an investigation conducted by the Committee on Judicial Conduct and Disability, which was prompted by reports from her judicial colleagues regarding concerning behavior, including delays in completing work and episodes of confusion. The committee’s investigation reportedly uncovered “overwhelming evidence” indicating memory loss, confusion, and lack of comprehension on Newman’s part. Testimonies described her as often frustrated, agitated, and hostile towards court staff.

As a result of the findings, the committee ordered Newman to undergo a brief interview with a neurologist and a comprehensive neuropsychological evaluation. However, she refused to comply with this directive, leading to her suspension, which prohibits her from taking on new case assignments.

In response to her suspension, Newman filed a lawsuit against Chief Circuit Judge Kimberly A. Moore and other members of the Federal Circuit judges on the committee. She was represented by the New Civil Liberties Alliance (NCLA), a conservative public-interest law firm. In February, U.S. District Judge Christopher R. Cooper dismissed most of Newman’s claims and ultimately rejected the entire case in July, stating that his ruling focused on legal challenges rather than the factual allegations against her.

Newman has since appealed Cooper’s decision to the U.S. Court of Appeals for the District of Columbia Circuit. In her appeal, her legal team contended that despite her age, Newman possesses a sharp intellect, citing both lay and expert witnesses who have characterized her as “unusually cognitively intact.” They argued that her physical and cognitive abilities make her appear significantly younger than her actual age.

In the appellate brief, Newman’s counsel asserted that the delays in her written opinions were the result of her meticulous efforts to ensure that her judgments accurately reflect her views and maintain consistency across cases. Greg Dolin, her attorney, stated that the disciplinary actions against Newman were without factual or legal merit and urged the D.C. Circuit to intervene against what he termed the unconstitutional actions of the Federal Circuit Judicial Council.

On the same day that Newman filed her appeal, she also sought a motion to unseal documents related to the committee’s investigation, which are currently subject to a gag order issued on December 4. In this motion, her legal team accused her judicial colleagues of failing to adhere to judicial conduct rules and of threatening both Newman and her counsel with unspecified sanctions for publicizing the documents. They claimed there was an inappropriate effort to manipulate the process within their own judicial forum.

John J. Vecchione, one of Newman’s co-counsels, expressed concerns about the ongoing actions of the Judicial Counsel of the Federal Circuit, labeling their behavior as bizarre and unprecedented. He emphasized that there should be no justification for keeping the materials from the public or the press, stating that they were compelled to file documents under seal due to the council’s obstruction. Vecchione expressed hope that the D.C. Circuit would soon make these documents available for public scrutiny.

 

 

Source: Law & Crime