A Federal Circuit panel has recommended a one-year extension of Judge Pauline Newman’s suspension, underscoring her refusal to cooperate with cognitive testing requirements. The recommendation follows an earlier decision to suspend the nation’s oldest active federal judge, who has rebuffed requests to provide medical documentation and submit to examinations. This resistance is perceived as obstructing the committee’s ability to assess her competence effectively.
The suspension, initially imposed in September 2023, stemmed from concerns about Newman’s memory and interactions with court staff. Judge Kimberly A. Moore, alongside Judges Sharon Prost and Richard G. Taranto, authored a recent report outlining these ongoing issues and advocating for further suspension.
Judge Newman’s legal team, led by Greg Dolin from the New Civil Liberties Alliance, countered that her June 28 letter brief and her continued judicial activities demonstrate her fitness for duty. They referenced a recent Supreme Court ruling aligning with Newman’s legal opinion as proof of her competency. However, the panel deemed such activities insufficient stand-ins for formal medical assessments.
Previously, Chief Judge Moore initiated the investigation resulting in self-filed litigation by Newman, questioning the Judicial Conduct and Disability Act’s constitutionality. While her suit was dismissed, Newman has since appealed to the US Court of Appeals for the District of Columbia.
The internal dynamics of the Federal Circuit Court have been significantly strained by these proceedings, altering what was once a collegial atmosphere. The panel aims to secure Newman’s compliance with established cognitive testing procedures to ensure a thorough evaluation of her ability to serve on the bench. The call for extended suspension underscores the continuing debate over judicial fitness and accountability within the federal judiciary.