In a recent development, a special committee tasked with investigating the competence of 96-year-old federal appeals judge Pauline Newman has recommended her suspension from hearing cases for one year. The recommendation stems from allegations of non-cooperation with the committee’s probe.
Judge Newman, who serves on the U.S. Court of Appeals for the Federal Circuit, has been scrutinized for failing to comply with the committee’s directives for medical examinations, records, and an interview. The details have been unveiled in a report and recommendation by the special committee, which was unsealed on July 31.
The committee’s recommendation also emphasized that the one-year suspension could be extended if Judge Newman persists in her lack of cooperation. This proposition has been put forth to the Federal Circuit Judicial Council.
See also: Federal Circuit Chief Moore Shocks Legal Community with Bold Move to Unseat Judge Newman
The committee’s concerns regarding Judge Newman’s competence have been fueled in part by her inability to efficiently manage her workload, despite having her caseload reduced. Moreover, interactions between Judge Newman and her staff members have raised alarming red flags. The report released by the committee describes these interactions as displaying signs of significant mental deterioration, including memory loss, confusion, lack of comprehension, paranoia, hostility, and agitation.
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Staff members have reported instances where Judge Newman struggled to remember basic tasks such as bringing documents to court and accessing the computer network. Furthermore, they have noted her exhibiting paranoid behavior, insisting that her devices are compromised. Additionally, staff members have had to repeatedly address the same queries due to Judge Newman’s apparent memory lapses and difficulties in understanding responses.
A particularly disconcerting incident involved one of Judge Newman’s clerks, who made late-night calls to Judge Newman’s judicial assistant demanding personal services. The clerk refused to alter her behavior even when the issue was raised through an employment resolution process. The assistant was eventually permitted to work outside of Judge Newman’s chambers, prompting an aggressive reaction from the judge, including threats of forceful removal and arrest.
Interestingly, the same clerk allegedly undertook personal tasks for Judge Newman, such as grocery shopping and providing transportation to medical appointments. However, when questioned about these tasks, the clerk chose to invoke the Fifth Amendment.
Judge Newman’s defense against the committee’s investigation was based on claims that the process infringed upon her due process rights. She contended that the court’s chief judge initiated and overseen the review process, leading her to request the transfer of the investigation to another circuit.
In response, the special committee and the judicial council noted that Judge Newman’s objections were centered on established processes outlined in governing rules. They clarified that the transfer request could be revisited after compliance with the committee’s medical examination and records request.
Additionally, Judge Newman presented a report from her neurologist indicating that further medical examinations were unnecessary. However, the committee revealed that a test administered to Judge Newman highlighted her inability to recall a significant portion of information even minutes after being presented with it.
Given these circumstances, the special committee concluded that Judge Newman’s conduct impeding the investigation necessitates a significant response. They advocated for the temporary suspension of all case assignments for a specific duration as a suitable way to underscore the gravity of the matter.
The ongoing investigation into Judge Newman’s competence has brought to light a complex web of issues surrounding her cooperation, interactions with staff, and cognitive abilities. As the legal community watches closely, the decision by the Federal Circuit Judicial Council regarding the committee’s recommendation could have profound implications for Judge Newman’s future within the judicial system.
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