The most senior federal judge is fighting to keep her office as her fellow justices say she should be suspended over concerns about her mental health.
U.S. Circuit Judge Pauline Newman, 97, was appointed by Ronald Reagan in 1984. Newman’s fellow justices on the U.S. Court of Appeals for the Federal Circuit voted to unanimity for his sideline in September. Bloomberg Law reports. The vote came after Newman refused to submit to medical tests and provide medical records regarding his 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 impairment including memory loss, confusion, lack of understanding, paranoia, anger, hostility and agitation severe”, the Judicial Council. he wrote.
Now, a special committee of fellow judges of Newman has advised the Judicial Council extends Newman’s suspension. On Wednesday, the special committee asked for her suspension to last another year or “at least until she ceases her misconduct and cooperates so that the Committee can complete its investigation, whichever comes first.”
“His misconduct frustrates the investigation and makes it impossible for the Committee to adequately perform the important function of determining whether he is fit to perform the duties of his office,” the committee wrote.
Greg Dolin, Newman’s attorney, said The independent they plan to fight the recent recommendation.
“We believe it’s completely illegal, without evidence, and as we’ve said before, it’s 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 outright falsehoods about how the investigation was conducted,” Newman told Bloomberg Law. “There was nothing resembling the rules of the Judicial Conference for how an investigation should be conducted.”
However, he lost that legal challenge after a judge dismissed the case earlier this month. Newman said at the time that she had two medical evaluations, but the Judicial Council questioned their validity, according to Bloomberg Law.
Dolin said The independent they 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 called “the heroine of the patent system.” His former employee, Brian Abramson, told Bloomberg Law earlier this month that he still saw him well.
“He is clearly compelling and able to articulate very complex and capable points of law,” Abramson said.
“He has maintained a fairly steady speaking schedule at conferences and events,” he continued. “Every time she speaks, she eloquently captures the state of the law, the complexity of the issues 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 a comment from Newman’s attorney.
