At 97, the Nation’s Oldest Federal Judge Is Suspended—But She Alone Holds the Key to Return

Judge Pauline Newman, who is 97 years old, is the oldest sitting federal judge in the country.

She has been temporarily suspended from receiving new cases because of concerns about her mental
fitness... Continue reading here ▶

Officials say she could end her suspension if she cooperates with an investigation into
her health.

Here’s what happened:

1. Why Was Judge Newman Suspended?

Other judges noticed changes in her behavior, including confusion and slow work.
They began looking into her mental health, asking her to take medical tests.
Judge Newman refused to cooperate with the investigation.

A committee found “overwhelming evidence” of memory loss and confusion, and it ordered Judge
Newman to have a short interview with a neurologist plus a full neuropsychological exam.
When she refused, the committee suspended her from receiving any new cases.
Judge Newman then sued Chief Circuit Judge Kimberly A. Moore and other judges, claiming the
suspension is unconstitutional.

In February and July, U.S. District Judge Christopher R. Cooper dismissed Judge Newman’s legal
challenges. He did not rule on the facts about her mental fitness, but instead concluded that
her legal arguments against the Judicial Conduct & Disability Act were insufficient.
Judge Newman appealed this dismissal in July and also asked for the records about her case to
be unsealed. She accused the committee of controlling “the media narrative” about her health.

On Thursday, the Judicial Council for the Federal Circuit opposed Judge Newman’s appeal.
They argue the only issue the appeals court should decide is whether the Judicial Conduct and
Disability Act is constitutional, and they call her challenge to the Act “meritless.”
The council says the Act allows for a temporary suspension and that barring a judge from new
cases is not the same as removing them from office.
They add that Judge Newman could end her suspension if she agrees to the medical exam. “The
keys to the suspension are in her pocket,” the filing states.

The council emphasizes that Judge Newman still holds her office; she is only blocked from
hearing new cases right now.
They also note that the suspension is time-limited and can be renewed only after careful
consideration.

Judge Newman believes she has a right to have her case handled by a different circuit’s judicial
council, citing due process concerns.
The council says there is no requirement under the law that her case be transferred, and they
do not believe the situation meets “exceptional circumstances.”

Judge Newman was appointed by President Ronald Reagan in 1984.
She was the first judge appointed directly to the Federal Circuit and has served there for
nearly 40 years.