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The oldest federal judge is fighting to keep her office as her fellow justices say she must be suspended due to concerns about her mental health.
US Circuit Judge Pauline Newman, 97, was appointed by Ronald Reagan in 1984. Newman’s fellow justices on the US Court of Appeals for the Federal Circuit unanimously voted to sideline her in September, Bloomberg Law reports. The vote came after Newman refused to undergo medical testing and provide medical records as concerns arose about her mental health.
“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 Judicial Council wrote.
Now, a special committee of Newman’s fellow judges has recommended the Judicial Council extend Newman’s suspension. On Wednesday, the special committee called for her suspension to last another year or “at least until she ceases her misconduct and cooperates such that the Committee can complete its investigation, whichever comes sooner.”
“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,” the committee wrote.
Greg Dolin, Newman’s attorney, told The Indepedent they plan to fight the recent recommendation.
“We believe it is wholly unlawful, unsubstantiated, and as we have said before, is an abuse of power,” Dolin said.
Newman tried to challenge the initial suspension handed down in September, arguing it was unconstitutional, Bloomberg Law reports.
“This district court took and accepted at face value the government’s side of the story, which included, I hate to say, some plain falsehoods about how the investigation had been run,” Newman told Bloomberg Law. “There was nothing resembling the Judicial Conference rules for how an investigation should be done.”
However, she lost that legal challenge after a judge dismissed the case earlier this month. Newman said at the time she had two medical evaluations, but the Judicial Council questioned their validity, according to Bloomberg Law.
Dolin told The Independent they have filed a notice to appeal the dismissal with the Washington, DC Circuit.
The 97-year-old is a key figure in the world of intellectual property law and has been dubbed the “heroine of the patent system.” Her former clerk, Brian Abramson, told Bloomberg Law earlier this month that he has seen her still performing well.
“She is clearly cogent and able to articulate very complex points of law and capable,” Abramson said.
“She’s been maintaining a fairly steady speaking schedule at conferences and events,” he continued. “Every time she speaks she captures very eloquently the state of the law, the complexity of the issues that are before us, her concerns about the direction of the law, and its ramifications for innovation and the good of the people.”
This story was updated on July 29 to include comment from Newman’s attorney.
