U.S. Circuit Judge Pauline Newman (YouTube).
A judicial council has told the nation”s oldest sitting federal judge, 98-year-old Pauline Newman — who was suspended in 2024 amid complaints about her mental health — that she must remain on the legal sidelines for another year based on her continuing to refuse requests for “neuropsychological testing.”
“No new material presented in this proceeding since September 6, 2024 — including Judge Newman’s materials in support of her motion for reconsideration — changes the council’s conclusions that the order for neuropsychological testing was and remains justified and that Judge Newman’s refusal to cooperate with that order constitutes serious misconduct,” wrote the U.S. Court of Appeals for the Federal Circuit in a 14-page order on Friday.
The committee had previously requested that Newman, appointed in 1984 by President Ronald Reagan, undergo testing. She has repeatedly refused. This prompted the Federal Circuit to call for a proceeding “on the question of whether her refusal constituted misconduct and any appropriate sanction for that misconduct,” according to its Friday order.
“The committee ultimately recommended a finding that Judge Newman had committed misconduct and recommended a one-year suspension from hearing cases,” the order notes.
“If Judge Newman complies with our orders (as we hope she will), the task of evaluating the results of the required neuropsychological examinations may require resolution of fact disputes, which might lead to a different analysis,” the Federal Circuit said. “But the mere possibility that such future circumstances might recommend transfer does not create a meritorious due process concern today.”
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As previously reported by Law&Crime, Newman was temporarily suspended last year after complaints about her demeanor and actions at work sparked an investigation. Her judicial colleagues reported concerning behaviors, including unexplained delays and habitual confusion, which led the circuit to launch its probe into the judge’s 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.
