An attorney who has been representing Federal Circuit Judge Pauline Newman in the legal battle over her suspension has transitioned from the New Civil Liberties Alliance (NCLA) to a position at the U.S. Department of Justice (DOJ).
Judge Pauline Newman, appointed to the U.S. Court of Appeals for the Federal Circuit in 1984, has been at the center of a contentious legal dispute concerning her fitness to serve on the bench. In September 2023, the Federal Circuit’s Judicial Council suspended Judge Newman from hearing new cases for one year, citing her refusal to undergo medical evaluations amid concerns about her cognitive abilities. The council’s decision was based on reports of significant delays in her case handling and alleged memory impairments. Judge Newman, who turned 97 in June 2024, has consistently denied these allegations, asserting her capability to fulfill her judicial duties.
In response to her suspension, Judge Newman filed a lawsuit challenging the constitutionality of the Judicial Conduct and Disability Act, arguing that her suspension amounted to an unconstitutional removal from office without impeachment proceedings. The NCLA, a nonprofit public interest law firm, has been representing her in this legal battle. The attorney’s departure from the NCLA to join the DOJ marks a significant development in this ongoing case.
The NCLA has expressed its intention to continue representing Judge Newman, emphasizing the importance of judicial independence and due process. The organization has previously stated that the suspension of Judge Newman is unprecedented and exceeds sanctions imposed on judges who committed serious misconduct. They argue that the Judicial Council’s actions violate the Judicial Conduct and Disability Act and the Constitution.
As the legal proceedings continue, the departure of a key attorney from the NCLA to the DOJ adds a new dimension to the case, potentially influencing its trajectory and outcome.