Age has been a hot topic this election season. But it isn't just politicians who have been accused of being too old to serve.
If you’re plugged in to the legal world, you may have heard of the precarious situation of U.S. Circuit Judge Pauline Newman. If you haven’t, a key piece of information is her age: 97 years old and still serving – a solid decade more than the late SCOTUS Justice Ruth Bader Ginsburg when she passed. Last year, Judge Newman’s court formally expressed their concern about her judgement as she approaches her triple digits. They suspended her from the bench on the theory that her age made her no longer fit to don the black robe.
Now, her case is before the U.S. Supreme Court.
Meet Pauline Newman
Judge Newman has had a distinguished legal career spanning over six decades – which is admittedly less surprising when you consider her age. She earned her Bachelor of Arts degree from Vassar College in 1947 and went on to graduate from Yale Law School in 1952, where she was one of only a handful of women in her class.
After law school, Judge Newman clerked for Judge Edward Weinfeld of the U.S. District Court for the Southern District of New York before entering private practice. In 1984, she was appointed to the U.S. Court of Appeals for the Federal Circuit by President Ronald Reagan. Not only is that court the second most prestigious court in the country after the U.S. Supreme Court, but Newman became the first woman to serve on the Federal Circuit.
Judge Newman was a successful female legal mind at a time when women in the legal profession were a rarity. Throughout her tenure, Judge Newman has developed a reputation as a respected and influential jurist, particularly in the areas of patent law and intellectual property. She has authored numerous landmark opinions and has been recognized with several awards for her contributions to the legal profession.
Despite her many achievements, Judge Newman has now found herself at the center of controversy centered around her age and ability to continue serving on the bench.
Judge Gets Investigated
Kimberly Moore, the Chief Judge of the Federal Circuit Court, issued a public order last September that expressed her and other judges’ concerns that it might be time for Judge Newman to step down from the bench, to put it mildly.
The order did acknowledge that Judge Newman has served with distinction on the Federal Circuit for 39 years where she has been “a highly valued and respected colleague,” where her colleagues called her the “the heroine of the patent system” and “the most beloved colleague on our court.”
But, as the order went on to explain, about a year ago they saw “mounting evidence” that raised “increasing doubts about whether Judge Newman is still fit to perform the duties of her office.” The court had an obligation to investigate this under the Judicial Conduct and Disability Act of 1980, which is a self-policing law that Congress enacted to address judges who may no longer be fit to serve. As the court put it, they were just doing their job when they launched an investigation into Judge Newman’s recent performance at the court.
Over 20 different interviews were conducted with court staff as a part of that process, as well as looking into email exchanges with Judge Newman. Apparently, the investigation resulted in “overwhelming evidence” that the nonagenarian “may be experiencing significant mental problems including memory loss, lack of comprehension, confusion, and an inability to perform basic tasks that she previously was able to perform with ease.” According to the court, the evidence showed instances of Judge Newman struggling with basic tasks and becoming “frustrated, agitated, belligerent, and hostile towards court staff.”
Judge Newman was reported to have threatened to have other court staff arrested or fired. She apparently also accused them of “trickery, deceit, acting as her adversary, stealing her computer, stealing her files, and depriving her of secretarial support.” The circuit court’s judicial council concluded that Judge Newman’s behaviors, increasing in frequency over two years, suggested that she may have a disability. They wrote that the judge’s behavior had taken a significant toll on the rest of the court’s staff, and that interactions with her had by that point become “so dysfunctional that the Clerk of the Court has advised staff to avoid interacting with her in person or, when they must, to bring a co-worker with them.”
Court Suspends Newman
As a result, last September, the judicial council suspended Judge Newman from serving for at least one year, or until she sits for medical examinations that they ordered. The judge made public appearances defending her ability to serve and filed reports from doctors she visited that said she had "no substantial emotional, medical, or psychiatric disability" that should prevent her from continuing to be on the bench.
Judge Newman filed a complaint in court alleging that the law governing her suspension violated constitutional due process rights. Last week, however, the federal district judge overseeing the claim dismissed it, emphasizing the “judiciary's authority to police itself." Earlier this year, the same judge had rejected other similar claims raised by Judge Newman.
The suspended judge appealed her dismissal to the U.S. Supreme Court. She says she hopes they will reverse her suspension, adding, "I think it's my obligation to stand up for the judiciary, to stand up for independent judges who happen to be disliked by their colleagues.”
Related Resources:
- How Much Experience Do You Need To Become a Judge? (FindLaw's Practice of Law)
- How Are Judges Selected? (FindLaw's Learn About the Law)
- Judge Faces Disciplinary Action for ... Having a Life? (FindLaw's Practice of Law)
