Judge Pauline Newman Fights for Reinstatement at 98, Citing Due Process Violations
Judge Pauline Newman, a 98-year-old federal judge, has petitioned the Supreme Court to reinstate her judicial duties. Newman, who joined the U.S. Court of Appeals for the Federal Circuit in 1984, seeks to resume hearing cases after being sidelined for three years due to competency questions. Her situation highlights ongoing discussions about the aging federal judiciary, where the average age of judges is 69, prompting questions about lifetime tenure.
Background of the Dispute
Newman's former colleague, Paul Michel, describes her as bright, hardworking, and independent, noting her slow opinion writing and frequent dissents. These disagreements led to an investigation into her fitness to serve, initiated in March 2023 when she was 95 years old.
"Newman's former colleague, Paul Michel, describes her as bright, hardworking, and independent, noting her slow opinion writing and frequent dissents."
Newman declined to undergo an exam with experts chosen by the court, opting instead for her own doctors, who reportedly found her competent. Her attorney, John Vecchione of the New Civil Liberties Alliance, stated that no court has found Newman incompetent and argues that she has been denied due process. Vecchione suggests that other judges accused of more serious misconduct have not faced such prolonged removal from the bench.
Newman's Stance and Supreme Court Appeal
Newman has remained active by speaking at conferences and legal events during her suspension. In a video produced by her legal team, she indicated her fight is based on principle, opposing what she perceives as an attempt by judicial colleagues to "bully and intimidate" a dissenting member. She filed a request for the Supreme Court to review her claims of due process deprivation.
"Her fight is based on principle, opposing what she perceives as an attempt by judicial colleagues to 'bully and intimidate' a dissenting member."
An internal committee addressing judicial conduct and disability rejected Newman's due process claims in a March 24 decision. The committee noted that Newman retains her courthouse office, a law clerk, and receives her salary and benefits. The ruling concluded that she could not be deprived of an office she still holds and expects her to undergo further medical evaluation.
Broader Implications for the Judiciary
Ryan Black, a political scientist at Michigan State University, views the Newman case as significant for the federal court system. He observes that judges are being appointed at younger ages and serving for longer periods. Data from the federal court system indicates that over 30% of federal judges are 75 years or older.
Black's research suggests that older judges tend to rely more on their clerks and may require additional support from colleagues. He also indicated that empirical data shows measurable decreases in some performance aspects as judges age.
"Empirical data shows measurable decreases in some performance aspects as judges age."
Michel, Newman's former colleague, supports the idea of a retirement age for judges, similar to other professions with sensitive responsibilities.