On Monday, a judicial council announced the extension of the suspension for Pauline Newman, the nation’s oldest federal judge at 98, who was initially put on leave in 2024 due to concerns about her mental fitness. The council emphasized that there shouldn’t be any uncertainty about the need for her to undergo a comprehensive neuropsychological evaluation, which she has declined to undertake.

The U.S. Court of Appeals for the Federal Circuit stated in a 95-page recommendation report that, “Individuals appearing in court deserve assurance that the judges deciding their cases are free from cognitive impairments that could influence their judgments.” Chief Judge Kimberly A. Moore, along with Judges Sharon Prost and Richard G. Taranto, emphasized that Congress-established procedures for handling judicial disabilities must function correctly, and a judge cannot impede this by refusing cooperation.

Law&Crime had previously reported that the Federal Circuit temporarily suspended Newman last year due to complaints concerning her behavior and work interactions, which led to an examination of her mental health. Colleagues noted troubling behavior such as unexplained work delays and frequent confusion, prompting the circuit to investigate further.

Appointed in 1984 by President Ronald Reagan, Newman resisted undergoing independent neurological assessments and did not submit medical records during the inquiry, leading to her temporary removal from the bench.

On Monday, the Federal Circuit disclosed that information from doctors selected by Newman conflicted with details provided to the council. This included comments by Dr. Ted Rothstein, a physician referenced by Newman.

The judges remarked, “Dr. Rothstein mentioned in his report that Judge Newman ‘might benefit from a more thorough neuropsychological evaluation as part of her neurological review.’ However, during his deposition, Dr. Rothstein confirmed he had explicitly advised Judge Newman to pursue the neuropsychological tests.”

The Federal Circuit said it found Rothstein’s admission that he recommended further neuropsychological testing for Newman to be “highly significant,” pointing out how he was the first expert to evaluate Newman.

“Judge Newman, through counsel, made Dr. Rothstein and his purported conclusion that there was no need for further testing the cornerstone of her arguments defending her refusal to undergo testing,” the judges said.

“Dr. Rothstein’s report states this conclusion: ‘My findings would support her having cognitive function sufficient to continue her participation in her court’s proceedings,'” the council explained. “At deposition, it was pointed out to Dr. Rothstein that this was ‘a limited conclusion’ and that he was ‘not saying, ‘I have definitively established that she has the cognitive function to do this.'”

During oral arguments on July 24, Newman’s lawyer — Greg Dolin, of the New Civil Liberties Alliance — disputed whether Rothstein had actually recommended neuropsychological testing and claimed the doctor had said only that Newman “could” have such testing, not that she “should” have it, per court records.

“That is not accurate,” the Federal Circuit said Monday. “At deposition, Dr. Rothstein noted that ‘I had requested’ a ‘neuropsychological evaluation,’ he stated squarely that ‘I recommended a neuropsychological assessment,’ and when asked whether he had recommended a neuropsychological assessment, he said, ‘Yes, I did.'”

Dolin said last week during his arguments that the judicial council had two options when it came to ruling on Newman’s suspension: They could ask her to voluntarily retire, “which will not happen,” according to Dolin, “because Judge Newman has absolutely no trust in this committee, or this council, given everything that’s happened thus far,” he said. “So that’s not going to fly.”

The second option was to “certify the disability to the president,” according to Dolin, who can then appoint a supernumerary judge, or a judge who has stepped down or retired but will take cases on a fill-in or as-needed basis.

“The only consequence of that provision is that Judge Newman, instead of being the most senior judge on the court, would be the most junior judge on the court,” Dolin told the Federal Circuit. “Doesn’t mean she won’t do the work. Doesn’t mean that she’ll be able to be suspended from her transition to senior status. So at the end of the day, what’s the point? … Suppose the committee decides that, yes, she’s disabled? And, where do we go from there?”

According to Dolin, Newman has been suspended longer than any judge “in history of this country, whether before or after this act.” He said the Federal Circuit knows what the result will be now that Newman is shelved again.

“Nothing is going to change,” Dolin asserted. “And so, again, it is not simply clear to me what exactly is the end goal the committee has.”

The Federal Circuit said Monday there was a “reasonable basis” to order full neuropsychological testing for Newman due to her “continued refusal to cooperate” with testing requests, which constitutes as “continuing misconduct,” according to the judges.

“If Judge Newman undergoes the medical examinations specified by the committee with independent medical providers identified by the committee, the committee will be able to complete its investigation and make a recommended finding as to whether Judge Newman suffers from a disability,” the Federal Circuit concluded. “Until Judge Newman cooperates and permits the committee to make a finding on that issue, her continued non-cooperation justifies suspending case assignments for the fixed period of an additional year, or at least until she ceases her misconduct and cooperates such that the committee can complete its investigation, whichever comes sooner.”