A 96-year-old federal appeals court judge was suspended from hearing cases on Wednesday after she refused to comply with an order to undergo neurological tests amid concerns she’s not mentally fit to serve on the bench.
The big picture: The Judicial Council’s unanimous order to suspend DC Judge Pauline Newman for a year comes as the issue of age and fitness to serve has come to the fore in all three branches of government in recent weeks, with calls for age limits to be imposed and for older politicians to undergo mental competency tests.
Driving the news: The Judicial Council’s order said there was “overwhelming evidence” that Newman “may be experiencing significant mental health problems, including memory loss, lack of comprehension, confusion and an inability to perform basic tasks that she previously performed with ease” – allegations her lawyer called “unfounded”.
It follows an investigation that the council said included more than 20 interviews with court staff whose affidavits reflected “consistent reports of deeply troubling interactions with Judge Newman that suggest significant mental deterioration, including memory loss, confusion, lack of comprehension, paranoia, anger, hostility and severe agitation”.
The panel says Newman’s refusal to undergo two independent medical examinations, as required by a committee order in May, constitutes “serious misconduct”.
The other side: An attorney for Newman, who has served on the bench since being appointed by then-President Ronald Reagan in 1984, said in response that her “suspension from judicial office ‘pending the results of the investigation into potential disability/misconduct’ was illegal and not authorised by any statute or rule of procedure.”
What we’re watching: The order states that Newman’s suspension could be extended if she doesn’t comply with his demands, or lifted if she cooperates.
Meanwhile, her lawyer, Greg Dolin, is seeking a review from another panel that oversees judicial conduct nationwide.
Zoom in: The panel notes in the order that its colleagues are “acutely aware that this is not a fitting capstone” to Newman’s “exemplary and storied career” and that they “would prefer a different outcome for our friend and colleague”, but it says evidence shows she “struggled with basic tasks, became frustrated, agitated, belligerent and hostile towards court staff”.
However, Dolin cited the findings of experts Newman chose to consult, who found “no significant emotional, medical or psychiatric disability that would interfere with the continuation of her longstanding duties as a judge”.
Of note: Newman has been suspended from panel assignments since April, according to Dolin.
She filed a federal lawsuit in May accusing Chief Judge Kimberly Moore of violating her right to due process in the investigation after Newman refused to resign.
Zoom out: The age and health of President Biden, 80, and former President Trump, 77, his rival in the 2024 election, have been raised as concerns by presidential rivals and by voters in some polls.
Meanwhile, in the Senate, Minority Leader Mitch McConnell (R-Ky.), 81, faced scrutiny over his health after two televised fainting spells at press conferences over the summer.
The health of 90-year-old Senator Dianne Feinstein (D-Calif.) was also questioned after an extended absence from Congress.
