On Tuesday, September 24, 2024, Bloomberg Law reported that a new medical evaluation has found Judge Pauline Newman, a 97-year-old Federal Circuit judge, to be “fully capable” of performing her judicial duties. The report, authored by neurosurgeon Dr. Aaron Filler, was released by Newman’s legal team.
The release of the 44-page report follows a series of suspensions imposed by the Federal Circuit’s Judicial Council after Judge Newman declined to undergo a comprehensive neurological evaluation by an independent physician. The suspensions have raised questions regarding her fitness to serve, prompting her legal representation to seek an independent assessment.
Dr. Filler’s report includes findings based on brain scans, specifically utilizing Perfusion Computed Tomography, which he argues provides objective data regarding Newman’s cognitive function. He stated that the use of such imaging techniques minimizes subjective interpretation, contrasting it with typical litigation scenarios where expert opinions may vary.
In his assessment, Dr. Filler noted that he compared Newman’s verbal and analytical skills during the evaluation with his previous experiences when she presided over cases involving him as an attorney in 2019 and 2022. The examination lasted approximately three hours.
Dr. Filler concluded that there is “no evidence” of cognitive impairment affecting Judge Newman’s ability to perform her judicial responsibilities. He emphasized that, based on the test results and his professional opinion, she is fully capable of fulfilling her role as a judge.
This new medical opinion comes in the wake of earlier evaluations that have been deemed insufficient by the Judicial Council. Previous reports included assessments from Dr. Ted Rothstein and Dr. Regina Carney, both of whom were criticized for their potential conflicts of interest. Rothstein had a long-standing personal relationship with Judge Newman, while Carney was noted to have been classmates with Newman’s attorney during her federal lawsuit against the suspension.
The ongoing scrutiny of Judge Newman’s fitness for duty has garnered significant attention, not only due to her age but also because of the implications it holds for judicial accountability. As the situation unfolds, her legal representatives are likely to utilize Dr. Filler’s report in their efforts to challenge the suspensions and restore her position on the bench.
Source: Bloomberg Law
