U.S. Circuit Judge Pauline Newman (YouTube).
The nation’s most senior federal judge, 98-year-old Pauline Newman, is required to remain off the bench for another year after a judicial council extended her suspension in 2024 due to ongoing concerns about her mental fitness. This decision follows her continued refusal to undergo “neuropsychological testing,” which had been requested.
The U.S. Court of Appeals for the Federal Circuit stated in a 14-page order on Friday that nothing presented since September 6, 2024, including her appeal materials, has altered their view. They maintain that the demand for neuropsychological assessments is justified, and her non-compliance with this request amounts to significant misconduct.
Judge Newman, appointed by President Ronald Reagan in 1984, was previously asked by the committee to undergo testing. Her repeated refusals have led the Federal Circuit to assess whether her actions constitute misconduct warranting sanction, as indicated in their recent order.
The order explains that the committee has recommended declaring Judge Newman’s behavior as misconduct, endorsing a one-year suspension from her judicial duties.
The Federal Circuit expressed optimism for her compliance, stating, “If Judge Newman adheres to our orders, it might necessitate assessing any resulting neuropsychological evaluation outcomes, potentially leading to a revised analysis.” They clarified, however, that the potential for future reassessment does not raise a current due process concern.
Last year, as reported by Law&Crime, an investigation was initiated after complaints about Judge Newman’s working attitude and behavior, which included unexplained work delays and frequent confusion. These issues prompted her peers to voice their concerns, leading to the current evaluation of her mental health.
Newman refused to cooperate and failed to provide medical records during the council’s investigation. On top of that, the Federal Circuit says reports from doctors chosen by Newman for her legal battle have contradicted information that was provided to the committee, including statements from a physician that Newman cited.
“Litigants before this court deserve to have confidence that the judges ruling on their matters do not suffer from a cognitive impairment that may affect the resolution of their cases,” the Federal Circuit blasted in a 95-page recommendation report issued in July. “They also deserve to have confidence that the mechanisms Congress established for addressing judicial disability function properly and that a judge with such an impairment cannot derail the process by refusing to cooperate,” said Chief Judge Kimberly A. Moore and Judges Sharon Prost and Richard G. Taranto.
The Federal Circuit said it found that the physician Newman cited, Dr. Ted Rothstein, also recommended further neuropsychological testing for Newman after evaluating her.
“In his report, Dr. Rothstein offered the ambiguous statement that Judge Newman ‘could have a more detailed neuropsychological evaluation as part of her neurological assessment,'” the council noted. “But at deposition, Dr. Rothstein revealed that he had affirmatively recommended to Judge Newman that she should have neuropsychological testing.”
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 in July. “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.'”
Newman has been suspended longer than any judge in the “history of this country, whether before or after this act,” according to Dolin.
“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.”
Newman’s absence from the 12-judge Federal Circuit came up recently as the court of appeals ruled that President Donald Trump does not have the power to impose tariffs under the International Emergency Economic Powers Act (IEEPA).
Newman and Dolin did not respond to Law&Crime’s requests for comment on Tuesday.
