Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has filed a motion with a Washington, D.C., district court to revoke her suspension from hearing cases. The suspension comes amid an ongoing investigation into the judge’s competency and conduct.
In the court filing, the 96-year-old judge argued that her suspension without a misconduct finding is unconstitutional. She reiterated her claim that she is fit to serve, pointing to a recent neurological exam that showed no significant cognitive deficits. Her attorney, Greg Dolin of the New Civil Liberties Alliance, stated that Judge Newman is in good health and capable of continuing her work.
Federal Circuit Chief Judge Kimberly Moore and representatives for the court have yet to respond to the filing.
See also: US Supreme Court Maintains Decision Despite Judge Undergoing Competency Probe
Judge Pauline Newman, a highly regarded jurist in the field of patent law, was appointed to the Federal Circuit by Republican President Ronald Reagan in 1984. The Federal Circuit is known for handling significant patent cases involving technology and pharmaceutical companies.
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In April, an order from Chief Judge Moore revealed that a three-judge committee had determined that Judge Newman might suffer from a disability that interferes with her ability to carry out her judicial responsibilities. As a result, the court’s judicial council barred her from hearing new cases while the investigation into her fitness and alleged misconduct was ongoing.
In May, Judge Newman filed a lawsuit challenging the justifications for the probe, claiming that they were filled with errors. She specifically refuted an assertion that she had been hospitalized after a heart attack in 2021, describing it as false. Furthermore, she criticized the committee for providing her with only a few days to comply with requests for mental evaluations and medical records, arguing that it was an invasion of her privacy.
Earlier this month, it was revealed that the committee had temporarily narrowed the scope of its investigation to focus on whether Judge Newman’s refusal to cooperate with the probe amounts to misconduct.
In her recent filing, Judge Newman requested a preliminary injunction requiring the circuit to permit her to hear new cases. She characterized her suspension during the investigation as an “unconstitutional attack on her judicial independence.” She argued that it violates her due process rights and interferes with Congress’ exclusive power to impeach and remove federal judges.
The outcome of this legal battle will have implications for Judge Newman and the broader interpretation of judicial independence and due process in the United States. As a highly respected figure in the field of patent law, Judge Newman’s case has drawn significant attention and could potentially set a precedent for similar situations in the future.
It remains to be seen how the court will respond to Judge Newman’s motion and the arguments put forth by her legal team. As the investigation continues, the focus will likely shift to resolving the allegations against her and determining whether her actions constitute misconduct.
The legal community, as well as observers interested in judicial independence and constitutional rights issues, will be closely following the developments in this case. The outcome will undoubtedly have far-reaching implications for the integrity of the judiciary and the protection of judges’ rights within the U.S. legal system.