A federal judge, who has faced a year-long suspension after her colleagues expressed concerns over her mental abilities, is fighting against that decision.

Judge Pauline Newman, now 97 years old, is a member of the United States Court of Appeals for the Federal Circuit, and holds the title of the oldest active judge. This information comes from Greg Dolin of the New Civil Liberties Alliance, who represents Newman.

In 2023, the Judicial Council of the Federal Circuit suspended her, and that suspension was extended in September, as confirmed by Dolin to YSL News. As a result, Newman is barred from handling new cases until she completes medical evaluations mandated by the court, according to Reuters.

In March 2023, Chief United States Circuit Judge Kimberly Moore filed a complaint against Newman, asserting that Newman was unsuitable for her responsibilities due to mental and physical challenges, as noted in documents obtained by YSL News.

Newman responded by filing a lawsuit in May 2023, claiming the order contained numerous factual errors and that she is competent to perform her duties. In her lawsuit, she listed Moore, along with judges Sharon Prost, Richard Taranto, and other members of the Judicial Council of the Federal Circuit as defendants.

The lawsuit alleges that during a meeting in March 2023, Moore tried to persuade Newman to retire, which Newman firmly declined.

Newman has since been actively contesting her suspension, as documented in court records.

Moore has not commented on the situation this week.

Additional concerns about Judge Newman’s performance

Judge Newman was appointed in 1984 by President Ronald Reagan, according to her online biography.

As an appellate judge, she usually participates in panels with two other judges, reviewing appeals in cases related to patents, veterans’ benefits, trademark registrations, government contracts, and safety benefits for public officers, among other areas, as stated by her attorney to YSL News.

The March 2023 order stated that Newman had engaged in behavior detrimental to the efficient functioning of the courts and was unable to perform her duties due to mental or physical impairments.

The order also indicated that Newman had health issues in summer 2021 and agreed to step back from certain responsibilities that all active judges typically handle. It referenced incidents from 2022 where Newman fainted during a discussion and required assistance to move, along with other occurrences where she did not meet her judicial obligations.

Other judges and staff expressed concern that Newman was incapable of effectively carrying out her duties, citing delays in handling cases. They also pointed to worries about potential cognitive challenges, including difficulties with attention, focus, confusion, and memory, as noted in the order.

“Reports indicate Judge Newman frequently makes remarks in court and during deliberations that suggest a significant lack of awareness regarding the subjects of the cases,” the order stated.

Moore claimed that multiple judges had previously discussed Newman’s behavior with her, including a meeting on March 9, 2023, which ended in Newman expressing frustration and terminating the discussion.

Moore also contended in her order that from June 2022 to March 2023, Newman worked on 60 cases, while the average judge handled 116 during that same period.

Moore indicated that Newman ultimately refused to engage with her to resolve the issues. Following discussions with other judges and court personnel, Moore proceeded to file a judicial conduct complaint against Newman under the Judicial Conduct and Disability Act.

A special committee was assembled to investigate the allegations against Newman, as outlined in an April 2023 order written by Moore. This committee included Moore, Prost, and Taranto, all of whom were later named in Newman’s lawsuit.

Dolin, Newman’s lawyer, informed YSL News on Wednesday afternoon that Newman has been subjected to evaluations by two psychiatrists and one neurosurgeon.

“All three experts, who evaluated her separately, concluded that Judge Newman is ‘remarkably cognitively intact and fully capable of fulfilling her judicial responsibilities,” Dolin mentioned in an email on Wednesday.

He noted that Newman has also been willing to undergo further evaluations by an impartial party instead of “the committee’s chosen providers.”

“Chief Judge Moore has continually declined these proposals and refused to transfer this issue to an impartial court,” Dolin stated.

Attorney asserts reasons for the judge’s action are inconsistent

Dolin indicated that the justification for Newman’s suspension is not straightforward.

“The justifications have been consistently changing,” he wrote in an email to YSL News on Wednesday.

Dolin challenged the claim that Newman is too slow in producing written opinions, asserting that her rate of issuing opinions from 2021 to 2023 was actually quicker than in previous years.

“Data indicates that Judge Newman is not the slowest member of the Court,” Dolin noted.

Moore has also asserted that Newman experienced a heart attack, was treated with stents, and fainted in court—claims that Dolin disputes.

The committee examining Newman’s case previously stated it interviewed 20 court staff members, but Dolin mentioned that these employees have never been subjected to cross-examination.

Judge has received a medical evaluation

Newman has had a medical assessment, according to her lawyer.

In September, Dr. Aaron G. Filler, a neurosurgeon, inventor, and lawyer, conducted a “comprehensive neurological evaluation” and a tomography scan on her, Dolin reported.

“The scan was analyzed not only by Dr. Filler but also by a neuroradiologist at the George Washington School of Medicine,” Dolin stated. “Both professionals, independently, found that Judge Newman’s brain is entirely normal and that the tests ruled out any signs of dementia or similar issues.”

What’s the current status of Newman’s case?

Newman’s lawsuit against Moore, Prost, and Taranto is currently under appeal at the United States Court of Appeals for the District of Columbia.

This month, her legal team has provided documents from retired federal judges, the District of Columbia Bar Association, and other organizations to support her case, Dolin noted.

The legal team is now waiting for a response from the defendants in her lawsuit, alongside a ruling on their request to reconsider Newman’s suspension given that she has completed her medical evaluations.