At age 97, a federal judge battles suspension despite refusing mental evaluation.

At 97 years old, Pauline Newman, the oldest federal judge in America, is challenging a suspension from the bench by her colleagues who deemed her mentally unfit to serve. Newman has filed an appeal and a motion to unseal documents related to an investigation that led to her temporary removal from the bench.

In September 2023, Newman, who was appointed by President Ronald Reagan in 1985 to the U.S. Court of Appeals for the Federal Circuit, was suspended from serving for a year by the Federal Circuit's Judicial Council after the panel said she refused to cooperate with an investigation into "reasonable concerns" surrounding her mental fitness. The suspension was extended for another year by the panel in September.

Court documents reveal that the Committee on Judicial Conduct conducted over 20 interviews with court staff, all of whom pointed to the judge's "severe mental deterioration," including memory loss, confusion, and hostility.

The suspension order stated that Newman was slower than her colleagues in issuing opinions and had a backlog of cases, which her team disputes.

For nearly 40 years, Newman has served on the Federal Circuit Court, which frequently handles patent, intellectual property, and copyright cases. He is widely recognized as a leading intellectual property jurist.

A federal lawsuit was filed against Newman's fellow judges as a result of an investigation into her.

In February, U.S. District Judge Christopher R. Cooper, appointed by President Obama, dismissed most of Newman's lawsuit. Later, in July, he dismissed the entire case based on the pleadings, as reported by Law & Crime.

In his 15-page ruling, Cooper rejected the legal challenges raised by Newman to the Judicial Conduct & Disability Act and did not focus on the factual allegations against Newman.

Monday, Newman challenged the ruling and presented her case to the U.S. Court of Appeals for the District of Columbia Circuit, stating that despite her advanced age, she possesses a sharp intellect and has been described as an "unusually cognitively intact woman" with cognitive and physical abilities that make her appear "20 or more years younger than her stated age," according to Law & Crime.

Court documents showed that she claims to be physically and mentally fit to continue her job and has received independent evaluations from doctors concurring with this opinion.

In the appellate brief, Newman's lawyer stated that she was mentally and physically sound, and argued that her tardiness in submitting written opinions was due to her meticulous efforts to ensure consistency in her opinions from case to case and year to year.

The New Civil Liberties Alliance (NCLA), a nonprofit civil rights group, is representing Newman in the lawsuit and views the "administrative state" as a significant threat to constitutional freedoms.

The group claims that the suspension was unlawful and that Newman was expelled without proper procedure.

"The group stated that the indefinite suspension of Judge Newman is unprecedented in American judicial history, surpassing the sanctions imposed on judges who committed serious misconduct and improprieties. However, suspending an Article III judge from all judicial functions of her office is unconstitutional."

A cutting-edge Perfusion Computed Tomography (PCT) scan of Newman's brain was recently directed by world-renowned neurosurgeon Dr. Aaron G. Filler, who administered a full neurological examination and found "no relevant deficits, confirming that she is fully fit to perform the duties of the office."

On Thursday, Greg Dolin, who has represented Newman throughout the case, stated that the entire disciplinary process against Judge Newman was "factually baseless and legally meritless."

"The NCLA's senior litigation counsel, Dolin, stated that the issues at hand are more significant than Judge Newman. The independence of the American judiciary and the system of checks and balances are at risk. The D.C. Circuit must put an end to the Federal Circuit Judicial Council's unconstitutional and ultra vires actions against Judge Newman."

Newman filed a motion to unseal documents related to the committee's investigation and findings that are subject to a Dec. 4 gag order, as reported by Law & Crime.

Newman's legal team stated that Newman's judicial colleagues have disregarded rules of judicial conduct and have "threatened Judge Newman and her counsel with unspecified penalties" for disclosing documents.

The defendants were accused by her team of attempting to manipulate the legal process in their own courtroom in an unsuitable manner.

Wesley Brown, a former senior U.S. District Judge, was the oldest person to serve as a federal judge in the history of the United States, actively hearing cases until approximately one month before his death at age 104, according to the U.S. Courts.

Planet Chronicle’ Brianna Herlihy and Elizabeth Pritchet contributed to this report.