Current:Home > MyWhy a 96-year-old judge was just banned from the bench for a year -WealthPro Academy
Why a 96-year-old judge was just banned from the bench for a year
View
Date:2025-04-15 10:48:58
As an age debate rages around members of Congress, a 96-year-old federal judge has just been barred from hearing cases for at least a year.
Judge Pauline Newman, who has served on the U.S. Court of Appeals for the Federal Circuit for 39 years, was suspended Wednesday after Chief Circuit Judge Kimberly Moore determined she was no longer able to perform her job, according to court documents.
"Unfortunately, earlier this year mounting evidence raised increasing doubts about whether Judge [Pauline] Newman is still fit to perform the duties of her office. When such evidence is brought to the attention of the Chief Judge and the Judicial Council, there is an obligation to investigate the matter," the Judicial Council of the Federal Circuit wrote in a court order Wednesday.
"The evidence establishes reasonable concerns that Judge Newman suffers from a disability preventing her from effectively discharging the duties of her office," the council wrote in a court order.
Newman received a lifetime appointment by then-President Ronald Reagan in 1984.
MORE: Too old to hold office? A political flashpoint amid Americans' concerns: ANALYSIS
The Judicial Council alleged that Newman refused "multiple requests" for a meeting and that "multiple colleagues attempted to speak to Judge Newman about her fitness."
"She refused to speak to them at all or quickly terminated an attempt to discuss the issue," the council said in the order.
The suspension could be extended if she continues to refuse to participate in a court investigation into concerns she is unable to perform her duties, the court said.
After receiving a complaint about Newman, Moore appointed a special committee on March 24 to launch an investigation into whether Newman was still able to perform the functions of her office.
In court filings, Newman pushed back against allegations, claiming she made "numerous attempts" to resolve the issue in a "truly cooperative and collaborative manner."
Lawyers for Newman also allege that the process itself and the proposed sanctions are unconstitutional because they undermine Congress' "sole power of impeachment."
Greg Dolin, an attorney for Newman, told ABC News they plan to file a petition for review with the Committee on Judicial Conduct and Disability and they will continue to press the case in a district court, where they filed a suit arguing that the suspension is unconstitutional and violates due process.
Newman alleged in court documents that she had a conversation with Moore on March 3 in which Moore said she had probable cause to believe Newman "suffers from a disability" and offered to informally resolve the issue by "demanding that Judge Newman resign or at least take senior status."
MORE: Dianne Feinstein's Senate return highlights her sad decline amid swirl of political questions: ANALYSIS
Newman alleged that Moore told her the requirement to step down from active duty was "non-negotiable."
The order issued Wednesday said more than 20 interviews were conducted with court staff as part of the investigation into Newman's fitness.
"Those interviews, along with numerous emails sent by Judge Newman, provided overwhelming evidence that Judge Newman may be experiencing significant mental problems including memory loss, lack of comprehension, confusion, and an inability to perform basic tasks that she previously was able to perform with ease," according to the order.
The order alleged that Newman has "threatened to have staff arrested, forcibly removed from the building, and fired. She accused staff of trickery, deceit, acting as her adversary, stealing her computer, stealing her files, and depriving her of secretarial support."
In May, the court issued an order for Newman to undergo a 30- to 45-minute interview with a neurologist and full neuro-psychological exam, which would involve six hours of cognitive testing -- but the council claimed Newman refused to comply with the order, according to documents.
The council found that by refusing the examinations, Newman committed misconduct, according to court documents.
"The effect of Judge Newman’s refusal to comply with the Order was to thwart this Council’s ability to determine whether Judge Newman has a disability that renders her unable to perform the duties of her important office. An unjustified thwarting of a key part of the investigation into disability is recognized under the Act as misconduct," according to the court order.
MORE: Biden's age a target for critics, issue for voters as he kicks off campaign: ANALYSIS
Dolin disputed claims that Newman refused to undergo examinations by physicians, saying she has been examined by a neurologist and a forensic psychologist who spent hours with Newman. Dolin said the physicians who examined Newman found her capable of performing her duties, information that was submitted to the court.
"Judge Newman is not afraid of these tests," Dolin said. "If a physician were to tell her she is no longer able to perform her duties in the morning, the president will have her resignation in the afternoon."
Dolin alleged that the committee only wants to hear from the doctors that it hand-picked and it is not committed to accepting the results provided by two independent doctors who examined Newman.
"Chief Judge Moore and the committee she appointed have been interested in one thing and one thing only — keeping Judge Newman off the bench via the exercise of raw power unconstrained by statutory requirements, constitutional limits, any notions of due process, conflict of interest rules, or even basic fairness," Newman's lawyers claimed in August court documents.
Dolin said Newman does not want to step down because she believes she has more to contribute, including unique views on patent law, which is only heard in the federal circuit. Newman holds degrees from Vassar College, Columbia University, Yale University and New York University School of Law and taught at George Mason University School of Law.
The court did not immediately respond to ABC News' request for comment.
veryGood! (4199)
Related
- Olympic women's basketball bracket: Schedule, results, Team USA's path to gold
- Maple syrup from New Jersey: You got a problem with that?
- Arthur Blank maintains Falcons didn't tamper with Kirk Cousins: 'There was nothing intentional'
- Trump’s social media company to start trading on the Nasdaq on Tuesday
- Rolling Loud 2024: Lineup, how to stream the world's largest hip hop music festival
- SCOTUS to hear arguments about mifepristone. The impact could go far beyond abortion, experts say
- Laurent de Brunhoff, Babar heir who created global media empire, dies at 98
- Walmart employee fatally stabbed at Illinois store, suspect charged with murder
- From bitter rivals to Olympic teammates, how Lebron and Steph Curry became friends
- Inside Bradley Cooper and Gigi Hadid’s Broadway Date Night
Ranking
- Jury finds man guilty of sending 17-year-old son to rob and kill rapper PnB Rock
- Co-op vacation homes brings higher-price luxury vacation homes within reach to more
- Hospitality workers ratify new contract with 34 Southern California hotels, press 30 others to sign
- Justin Fields 'oozes talent,' but Russell Wilson in 'pole position' for Steelers QB job
- How breaking emerged from battles in the burning Bronx to the Paris Olympics stage
- Tallulah Willis Candidly Reveals Why She Dissolved Her Facial Fillers
- Storms sweep the US from coast to coast causing frigid temps, power outages and traffic accidents
- Ex-NBA guard Ben Gordon, arrested for juice shop disturbance, gets program that could erase charges
Recommendation
'Stranger Things' prequel 'The First Shadow' is headed to Broadway
Teen grabs deputy's firearm then shoots herself inside LA sheriff's office lobby: Police
Women's March Madness games today: Schedule, how to watch Monday's NCAA Tournament
Drag queen story hour canceled at Lancaster Public Library over package, bomb threats
House passes bill to add 66 new federal judgeships, but prospects murky after Biden veto threat
March Madness expert predictions: Our picks for men's Sweet 16 games
Last Day To Get 70% Off Amazon Deals: Earbuds, Smart Watches, Air Mattresses, Cowboy Boots, and More
What do we know about Princess Kate's cancer diagnosis so far? Doctors share insights