Two weeks after 97-year-old U.S. Circuit Judge Pauline Newman lost her lawsuit against her fellow circuit judges for suspending her from the bench, a judicial council committee recommended that Newman’s suspension be extended for another year.
President Ronald Reagan appointed Newman, the oldest judge on the federal bench, in 1984, making him the first judge to be assigned directly to the Federal Circuit. Despite being praised as the “heroine of the patent system” by her colleagues, Newman was suspended after refusing to help in an examination into her mental health.
The investigation was launched after many courtroom personnel reported lengthy delays in Newman’s task completion, numerous instances of inappropriate behavior, and recurring concerns that the judge was frequently confused.
The Committee on Judicial Conduct and Disability investigated Newman’s mental capacity and discovered “overwhelming evidence” of the judge’s memory loss, lack of comprehension, and confusion, as well as that the judge was frequently “frustrated, agitated, belligerent, and hostile towards court staff.”
“Affidavits prepared after more than 20 interviews with Court staff reflect consistent reports of deeply troubling interactions with Judge Newman that suggest significant mental deterioration including memory loss, confusion, lack of comprehension, paranoia, anger, hostility, and severe agitation,” the committee wrote. ”
Critically, these complaints are not isolated cases of forgetting caused by a few interactions with only one or two staff members. On the contrary, they stem from contacts with staff members from a variety of departments, including the Clerk’s Office, Information Technology (IT), Human Resources (HR), the General Counsel Office, and Judge Newman’s chambers staff.
The committee additionally stated: “Judge Newman has never specifically disputed any of the staff accounts, many of which are independently substantiated by Judge Newman’s emails attached as exhibits.”
The committee directed Newman to meet with a neurologist and undergo a comprehensive neuropsychological examination. Newman declined to attend each meeting and refused to produce any documents. The committee replied with a suspension order, preventing Newman from obtaining any future case assignments.
The investigative committee released a 38-page report Wednesday in which a trio of judges unanimously recommended that Newman be suspended for another year, “or at least until she ceases her misconduct and cooperates such that the Committee can complete its investigation, whichever comes sooner.” The committee consisted of Chief U.S. Circuit Judge Kimberly A. Moore, as well as U.S. Circuit Judges Sharon Prost and Richard G. Taranto.
The panel clearly said that the new suspension “is not for past misconduct,” but rather tackles “Judge Newman’s continuing misconduct through her continued refusal to cooperate with the Committee’s orders.”
“Judge Newman could, any day, agree to undergo the specified medical examinations and to provide her medical records as ordered by the Committee,” according to the summary. “Her misconduct is thwarting the investigation and making it impossible for the Committee adequately to perform the important function of determining whether she is fit to perform the duties of her office.”
Newman’s lawsuit, which was dismissed and appealed to the United States Court of Appeals for the District of Columbia on July 18, challenged not only the actions taken against her, but also the provisions of the Judicial Conduct & Disability Act on which the committee based the suspension order. U.S. District Judge Christopher R. Cooper, an Obama appointment, dismissed the case and denied the legal objections to the Judicial Conduct & Disability Act.