Federal Circuit Extends Judge Newman’s Suspension Another Year

The Federal Circuit extended its suspension of Judge Pauline Newman, the nation’s oldest active federal judge, by another year on Friday.

Newman’s colleagues on the Judicial Council of the US Court of Appeals for the Federal Circuit unanimously voted to keep the judge off new cases—including appeals reviewed by the full court—for one year, according to a order from the court. The suspension is subject to renewal if “Judge Newman’s refusal to cooperate continues,” the order said.

The full Federal Circuit Judicial Council, which consists of the court’s active judges, suspended Newman from hearing new cases for one year in September 2023. The investigative committee and the Judicial Council have at various points over the past two years cited Newman’s purported memory loss and combative, paranoid behavior with certain members of court staff as a basis for its continued investigation into her mental fitness to serve.

The judge, who turned 97 in June, has resisted orders from the council to turn over medical records and undergo cognitive testing with an independent physician.

Chief Judge Kimberly A. Moore launched an investigation that led to an initial suspension of Newman in April 2023 and a subsequent one-year suspension handed down in September 2023.

Newman responded to the investigation by suing her colleagues and challenging the constitutionality of the Judicial Conduct and Disability Act in district court. That suit was dismissed in July, and she appealed the ruling to the US Court of Appeals for the District of Columbia later that month.

Newman is represented by the New Civil Liberties Alliance.

The case is In Re: Complaint, Jud. Council Fed. Cir., 23-900015, suspension order 9/6/24.