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US appeals court extends suspension of 98-year-old judge in fitness probe
//health-fitness.news-articles.net/content/2025/ .. nsion-of-98-year-old-judge-in-fitness-probe.html
Published in Health and Fitness on Tuesday, July 29th 2025 at 12:25 GMT by reuters.com🞛 This publication is a summary or evaluation of another publication 🞛 This publication contains editorial commentary or bias from the source
The U.S. Court of Appeals for the Federal Circuit said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year after determining that she had not complied with an internal investigation into her fitness to serve on the Washington, D.C.-based court.
U.S. Appeals Court Extends Suspension of 98-Year-Old Judge Amid Ongoing Fitness Investigation
WASHINGTON - In a significant development within the federal judiciary, the U.S. Court of Appeals for the Federal Circuit has decided to prolong the suspension of Judge Pauline Newman, one of the nation's oldest active federal judges, until at least 2025. This extension comes as part of an ongoing probe into her mental and physical fitness to continue serving on the bench. Newman, who turned 98 in June, has been embroiled in a contentious dispute with her colleagues over allegations of cognitive decline, marking a rare and high-profile clash over judicial accountability in the lifetime-appointed federal court system.
The decision, announced in a court order on July 28, extends Newman's suspension for an additional year, pushing the potential end date to September 2025. This follows an initial one-year suspension imposed in September 2023 by the Federal Circuit's Judicial Council, which cited concerns about her ability to perform judicial duties effectively. The council's action was prompted by reports from court staff and fellow judges who observed what they described as signs of mental deterioration, including memory lapses, confusion during proceedings, and delays in handling cases. Newman has vehemently denied these claims, asserting that the suspension is not only unjust but also a violation of her due process rights and an attempt to force her into retirement against her will.
At the heart of the controversy is Newman's refusal to undergo independent medical evaluations, including neurological exams and cognitive testing, as requested by the Judicial Council. The council, composed of her peers on the Federal Circuit, argued that such assessments were necessary to determine her fitness under the Judicial Conduct and Disability Act, a federal law that allows for investigations into judges' conduct and capacity. Newman, a patent law expert appointed by President Ronald Reagan in 1984, has countered that the demands infringe on her privacy and independence. She has filed lawsuits challenging the suspension, including appeals to the U.S. Supreme Court, though those efforts have so far been unsuccessful.
The extension of the suspension underscores the challenges faced by the federal judiciary in addressing the fitness of aging judges. With lifetime tenure designed to insulate judges from political pressures, the system relies on self-policing mechanisms like judicial councils to handle internal issues. However, cases like Newman's highlight the tensions that arise when judges resist such oversight. Supporters of Newman argue that the process has been mishandled, pointing to what they see as procedural irregularities and biases among her colleagues. "This is not about fitness; it's about power and control," said one of Newman's attorneys in a statement following the extension order. They contend that the council has relied on anecdotal evidence and anonymous complaints rather than concrete proof of impairment.
Newman's career has been illustrious, spanning over four decades on the Federal Circuit, where she has authored hundreds of opinions, particularly in intellectual property and patent disputes. Known for her sharp dissents and advocacy for innovation-friendly patent policies, she has been a pivotal figure in shaping U.S. law on technology and invention rights. Her suspension has left a void in the court's docket, with her cases reassigned to other judges, potentially affecting the pace and outcomes of ongoing appeals. Critics within the legal community worry that prolonged absences could erode public confidence in the judiciary's efficiency.
The Federal Circuit's order extending the suspension did not provide new evidence but reiterated the need for Newman to comply with the investigation. "The suspension will remain in effect until the committee completes its review or until further order," the document stated, emphasizing that cooperation is essential for resolution. This stance aligns with broader efforts in the judiciary to ensure that judges maintain the mental acuity required for their roles. In recent years, there have been increasing discussions about mandatory retirement ages or regular fitness evaluations for federal judges, though such reforms would require congressional action, which has been elusive due to concerns over judicial independence.
Newman's case is not isolated. The federal judiciary has seen similar disputes, albeit rarely publicized. For instance, in the 1990s, Judge Manuel Real of the Central District of California faced impeachment threats over alleged misconduct, though he continued serving until his death at age 95. More recently, judges in various circuits have voluntarily stepped down amid health concerns, but forced suspensions remain exceptional. Legal experts note that the Judicial Conduct and Disability Act, enacted in 1980, was intended to address such scenarios without resorting to impeachment, which is a cumbersome process controlled by Congress. However, the act's application has sparked debates about fairness, especially when applied to elderly judges who may view probes as ageist attacks.
Advocates for judicial reform argue that Newman's situation exposes systemic flaws. "Lifetime appointments are a double-edged sword," said Professor Arthur Hellman, a judicial ethics expert at the University of Pittsburgh School of Law. "They protect independence but can lead to situations where judges outstay their effective service life." Hellman and others suggest implementing anonymous reporting systems or third-party mediators to handle fitness complaints more impartially. On the other hand, defenders of the current system warn that excessive scrutiny could deter qualified individuals from seeking judgeships or encourage premature retirements.
Newman herself has remained defiant, continuing to work from her chambers despite the suspension barring her from hearing cases. In interviews and court filings, she has described the ordeal as a "witch hunt" motivated by personal animosities and disagreements over judicial philosophy. "I am fully capable and eager to serve," she stated in a recent affidavit. Her legal team has vowed to pursue all available avenues, including potential en banc reviews or further appeals, to overturn the suspension.
The extension to 2025 raises questions about the long-term implications for Newman's tenure. If the investigation drags on without resolution, it could effectively sideline her until she reaches 100, at which point retirement pressures might intensify. Meanwhile, the Federal Circuit, which handles appeals from patent disputes, international trade, and veterans' claims, must navigate its workload without one of its most experienced members. This has prompted some litigants to express concerns about delays, though court officials maintain that operations remain unaffected.
Broader societal issues are also at play. As the U.S. population ages, so does its judiciary. According to data from the Administrative Office of the U.S. Courts, over 100 federal judges are currently over 80, with several in their 90s. This demographic shift has fueled calls for age limits, similar to those in some state courts or foreign judiciaries. For example, the U.K. mandates retirement at 70 for most judges, while Canada has a 75-year cap. In the U.S., however, the Constitution's provision for judges to serve "during good behavior" has historically been interpreted as lifetime tenure, removable only by impeachment for serious misconduct.
Newman's case could set precedents for how fitness probes are conducted in the future. If upheld, it might encourage more councils to act decisively on aging-related concerns. Conversely, if Newman prevails in her challenges, it could strengthen protections for judges against what they perceive as overreach. Legal observers are closely watching, as the outcome may influence congressional debates on judicial reforms, especially in a politically divided environment where court packing and term limits are hot-button issues.
As the probe continues, the judiciary finds itself in uncharted territory, balancing the need for accountability with respect for institutional traditions. For Judge Newman, the fight is personal—a battle to preserve her legacy and autonomy in the twilight of an extraordinary career. Whether this extension marks the beginning of the end or a temporary setback remains to be seen, but it undoubtedly highlights the evolving challenges of maintaining a robust and capable federal bench in the 21st century.
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Read the Full reuters.com Article at:
[ https://www.reuters.com/legal/legalindustry/us-appeals-court-extends-suspension-98-year-old-judge-fitness-probe-2025-07-28/ ]