A special committee of Federal Circuit judges has unanimously recommended sanctions against Judge Pauline Newman, a 96-year-old appeals court judge, due to her refusal to cooperate with an investigation into her mental fitness, Bloomberglaw reports.
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The committee’s 111-page report, released publicly on Friday, calls for suspending Newman’s case assignments for a year or until she cooperates fully with the investigation. Chief Judge Kimberly A. Moore, Sharon Prost, and Richard G. Taranto, all from the US Court of Appeals for the Federal Circuit, comprise the special committee.
The investigation into Judge Newman’s mental health began after concerns were raised by judges and court staff, particularly after a reported “fainting spell” and allegations of a heart attack. However, Newman refused to participate in interviews or undergo medical testing by independent doctors, hindering the committee’s ability to assess her condition.
Newman’s attorney, Greg Dolin, objected to the report’s release, stating that his client was not given sufficient time to respond or correct inaccuracies. He further argued that the investigation should have been transferred to a panel of judges from a different circuit court.
The report also highlights an employment dispute within Newman’s chambers, where an assistant called her judicial assistant in the middle of the night to demand personal services. Newman allegedly failed to address the issue effectively and later exposed confidential details of the employment dispute resolution process to court staff.
Additionally, the committee raised concerns about Newman’s productivity in issuing opinions, noting that despite her reduced workload, cases assigned to her for opinion writing took significantly longer to be completed compared to her colleagues.
If the full Federal Circuit Judicial Council adopts the committee’s recommendations, Judge Newman’s case assignments will be suspended, preventing her from participating in any panels for the specified period. She had previously been barred from hearing new cases and performing other judicial functions during the investigation into her fitness.
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