On Sunday, January 19, 2025, Law&Crime reported that U.S. Circuit Judge Pauline Newman, the oldest sitting federal judge at 97 years old, may have the opportunity to end her ongoing suspension by cooperating with an investigation into her mental health. The Judicial Council, overseeing the proceedings, has indicated that her compliance could lead to the conclusion of her suspension, which was initiated following complaints about her behavior and performance at work.

Judge Newman was placed on temporary suspension amid concerns raised by her judicial colleagues regarding her demeanor, including reports of confusion and delays in her work. These complaints prompted a formal investigation into her mental health. Despite the serious nature of the allegations, Newman has not participated in the investigation, which has led to the Judicial Conduct and Disability Committee finding what it described as “overwhelming evidence” of her cognitive difficulties. The committee has recommended that she undergo a brief interview with a neurologist, as well as a comprehensive neuropsychological evaluation.

Following her refusal to comply with these recommendations, the committee issued a suspension order that prevents Newman from receiving new case assignments. In response, she filed a lawsuit against Chief Circuit Judge Kimberly A. Moore and other members of the committee, represented by the New Civil Liberties Alliance (NCLA), a law firm aligned with conservative interests that critiques the federal administrative state.

In February, U.S. District Judge Christopher R. Cooper dismissed most of Newman’s lawsuit, eventually ruling against her in July. Cooper’s decision primarily focused on legal challenges Newman raised regarding the Judicial Conduct and Disability Act rather than the factual allegations concerning her behavior. Newman subsequently filed an appeal in July and has also sought the unsealing of documents related to the investigation, claiming that the Judicial Council is attempting to manipulate public perception regarding her mental health.

On January 16, 2025, the Judicial Council of the Federal Circuit opposed Newman’s appeal, asserting that her claim regarding the unconstitutionality of her suspension lacks merit. The council emphasized that the legal question before the court pertains to whether the Judicial Conduct and Disability Act is constitutionally valid. They contended that Newman’s assertions do not hold water, stating that a temporary suspension from hearing new cases does not equate to a removal from office.

The council’s brief noted that Congress has explicitly differentiated between temporary suspensions and official removals, indicating that such a suspension is a recognized aspect of the judicial office that Newman holds. They maintained that the fact her suspension has been enacted does not mean she has lost her judicial position entirely.

The council highlighted that the suspension orders are temporary and subject to reassessment should Newman choose to comply with the ongoing investigation. “The keys to the suspension are in her pocket,” the council stated, suggesting that her cooperation could reverse her current status.

Additionally, the council argued that the possibility of Newman’s removal is not guaranteed. They pointed out that the existing suspension orders are effective only for a specified duration, and any renewal would not be automatic. The council stated that they thoroughly considered Newman’s arguments regarding the renewal of her suspension before deciding on the recent temporary order.

In her legal arguments, Newman has also claimed that due process requires her transfer to another judicial council. However, the council contended that nothing in the statute mandates such transfers. They affirmed the Chief Judge and Judicial Council’s conclusion that the circumstances surrounding her case do not warrant a transfer.

The council further stated that throughout the proceedings, Newman has received more procedural protections than the minimal requirements established by the Fifth Amendment of the U.S. Constitution.

Judge Pauline Newman was appointed to the bench in 1984 by President Ronald Reagan and has served on the Federal Circuit for nearly four decades, being the first judge to be appointed directly to that court.

 

 

Source: Law&Crime