A 96-year-old federal appeals court judge has been suspended for a year for refusing to cooperate with an investigation into whether she remained mentally fit to hear cases.
Judge Pauline Newman was stood down from hearing cases by the Washington DC-based Federal Circuit panel on Wednesday, in what has become an unusually public and contentious dispute.
In a 70-page decision, the panel was at pains to praise Judge Newman as a “heroine” and “most beloved colleague” over her 39 years of service on the bench.
It also cited evidence that her confusion, agitation, paranoia and dysfunctional behaviour had created “workplace abuse concerns” and lowered her productivity “even with a reduced workload”.
Judge Newman’s attorneys presented evidence from a forensic psychiatrist who found she had “no substantial emotional, medical, or psychiatric disability”.
She also filed a lawsuit to have the competency hearing moved to a different court or delayed, which brought the normally secretive hearings into the spotlight.
The panel said it would review the decision again in one year, or if Judge Newman made herself available for a court-ordered medical examination.
“We are acutely aware that this is not a fitting capstone to Judge Newman’s exemplary and storied career,” the judges wrote in their decision.
“We all would prefer a different outcome for our friend and colleague. However, we have a solemn obligation… not to simply look the other way — when it appears that a judge of this Court is no longer capable of performing the duties of her judicial office.”
Judge Newman was appointed to the DC Federal Appeals Circuit in 1984 by Ronald Reagan, and is the oldest serving federal judge. The appeals court hears cases involving patents and trademarks.
Mitch McConnell appeared to freeze for a second time last month as he is asked about running for re-election— (WLWT5)
Her suspension comes as several federal lawmakers have faced calls to step down after several recent health scares.
California Senator Dianne Feinstein, 90, missed three months of work due to shingles earlier this year. She was hospitalised again in August after suffering a fall.
Senate Minority Leader Mitch McConnell, 81, suffered two “freezing episodes” during press conferences in recent months.
When 76-year-old Mitt Romney announced last week he would not be seeking re-election to the Senate, he pointedly said it was time for a “new generation of leaders”.
Mr Romney criticised President Joe Biden, 80, and 77-year-old Donald Trump for failing to lead their parties to confront criticalnissues such as rising national debt and the climate crisis.
Federal judges “hold their office during good behaviour,” which means they are not bound by term limits except under limited circumstances.
Recently, there have been growing calls from lawmakers to impose 18-year term limits on appointments to the federal judiciary.
