Oldest Federal Judge Shunned Mental Health Exams for Another Year

The Ongoing Controversy Surrounding Judge Pauline Newman

Judge Pauline Newman, the nation’s oldest sitting federal judge at 98 years old, has been suspended from the bench for another year. This decision comes after the U.S. Court of Appeals for the Federal Circuit extended her suspension, citing concerns about her mental health and refusal to undergo required neuropsychological testing. The court emphasized that there is "no room for doubt" regarding the need for a comprehensive evaluation, which Newman has consistently avoided.

The court's 95-page recommendation report highlights the importance of ensuring that litigants have confidence in the judiciary. It states that judges must be free from cognitive impairments that could affect their ability to rule on cases fairly. Additionally, the report underscores the necessity of maintaining the integrity of the mechanisms established by Congress to address judicial disability. According to Chief Judge Kimberly A. Moore and Judges Sharon Prost and Richard G. Taranto, a judge with such impairments should not be able to disrupt the process by refusing to cooperate.

Background on the Suspension

Newman was temporarily suspended last year following complaints about her demeanor and actions at work. Colleagues reported concerning behaviors, including unexplained delays and habitual confusion, prompting an investigation into her mental health. Newman, who was appointed in 1984 by President Ronald Reagan, refused to cooperate with the investigation, declining to undergo independent neurological testing and failing to provide medical records.

The Federal Circuit pointed out that reports from doctors chosen by Newman for her legal battle contradicted information provided to the council. Specifically, Dr. Ted Rothstein, a physician cited by Newman, initially suggested that she "could have a more detailed neuropsychological evaluation." However, during a deposition, he admitted that he had recommended further testing for her.

Legal Arguments and Disputes

During oral arguments on July 24, Newman’s lawyer, Greg Dolin, disputed whether Rothstein had actually recommended neuropsychological testing. He claimed the doctor had only stated that Newman "could" have such testing, not that she "should" have it. The Federal Circuit rejected this interpretation, noting that Rothstein had clearly stated he had requested and recommended a neuropsychological assessment.

Dolin also argued that the judicial council had two options when ruling on Newman’s suspension: either ask her to voluntarily retire or certify her disability to the president, who could appoint a supernumerary judge. However, Dolin contended that Newman has no trust in the committee and would not agree to retirement. He questioned the purpose of certifying her disability, suggesting that it would not significantly change her role on the court.

The Court's Final Decision

The Federal Circuit concluded that there is a "reasonable basis" to order full neuropsychological testing for Newman due to her continued refusal to cooperate with testing requests. The court described her non-cooperation as "continuing misconduct." If Newman undergoes the medical examinations specified by the committee with independent providers, the committee will be able to complete its investigation and determine if she suffers from a disability.

Until Newman cooperates and allows the committee to make a finding, her continued non-cooperation justifies suspending case assignments for an additional year. The court emphasized that the suspension will continue until she ceases her misconduct and cooperates sufficiently for the investigation to be completed.