Oldest federal judge, 97, embroiled in dispute with judge who tries to suspend her

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The oldest federal judge is fighting to stay in her position because her colleagues believe she should be suspended due to concerns about her mental health.

U.S. appeals court judge Pauline Newman, 97, was appointed by Ronald Reagan in 1984. Newman’s fellow federal appeals court judges voted unanimously in September to disqualify her from the bench, Bloomberg Law reports. The vote came after Newman refused to undergo medical tests and provide medical records amid concerns about her mental health.

“Affidavits prepared after more than 20 interviews with court staff reflect consistent accounts of deeply troubling interactions with Judge Newman that indicate significant mental deterioration, including memory loss, confusion, incomprehension, paranoia, anger, hostility, and severe agitation,” the Judicial Council wrote.

Now a special committee of Newman’s fellow judges has recommended that the Judicial Council extend Newman’s suspension. On Wednesday, the special committee called 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 is sooner.”

“Her misconduct impedes the investigation and makes it impossible for the committee to adequately carry out its important task of determining whether she is fit to perform her duties,” the committee wrote.

Bloomberg Law reports that she planned to challenge the suspension imposed in September on the grounds that it was unconstitutional.

“This district court took at face value and accepted the government’s side of the story, which, I’m sorry to say, contained some outright falsehoods about the conduct of the investigation,” Newman told Bloomberg Law. “There was nothing that complied with the Judicial Conference rules for the conduct of an investigation.”

However, she lost that case after a judge dismissed the case earlier this month. Newman said at the time that she had two medical reports, but the Judicial Council questioned their validity, according to Bloomberg Law.

Newman’s attorney told Bloomberg Law they plan to appeal the decision.

The 97-year-old is a key figure in intellectual property law and has been described as a “hero of the patent system.” Her former colleague Brian Abramson told Bloomberg Law earlier this month that he still sees her as a good employee.

“She is clearly coherent and able to expertly articulate very complex legal issues,” Abramson said.

“She keeps a fairly regular schedule of speaking at conferences and events,” he continued. “In each of her speeches, she expresses very eloquently the state of the law, the complexity of the issues before us, her concerns about the direction of the law and its impact on innovation and the well-being of people.”

The Independent has asked Newman’s lawyer for comment.