Judge Pauline Newman was appointed to the U.S. Court of Appeals for the Federal Circuit in 1984 and is the oldest active federal judge.
Newman’s attorney Greg Dolin said the council was “ignoring data or information or opinions that are inconsistent with its predetermined goals and outcomes,” and that the judge would challenge the order and continue to press her claims in court.Newman, a highly-respected figure in patent law and a prominent dissenter, was appointed to the patent-focused Federal Circuit by President Ronald Reagan in 1984 and is the oldest active U.S. federal judge.
Her case raises sensitive questions about America’s aging federal judiciary, whose members are appointed to the bench for life and can be impeached but not forced to retire. The average age of federal judges recently reached a record high of 69, according to a 2020 study in the Ohio State Law Journal by Francis Shen of Harvard Medical School.made public in April that Newman showed signs of cognitive and physical impairment and accused her of refusing to cooperate with inquiries into her mental health.
Court employees also described “memory loss, confusion, paranoia and angry rants” by Newman, according to documentsNewman’s attorneys have long argued that Newman’s own court should not preside over the competency probe. They said in a filing made public on Wednesday that the committee investigating her fitness was “interested in one thing and one thing only — keeping Judge Newman off the bench via the exercise of raw power.
U.S. Circuit Judge Edith Jones, a friend of Newman’s on the 5th U.S. Circuit Court of Appeals, called the Federal Circuit tribunal “inherently biased” and said she hoped the “responsible parties in the Judicial Conference,” the judiciary’s national policymaking body, would intervene.
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