Friday, September 22, 2023

What happens when judges, appointed for life, are too old?

 Pauline Newman, 96, was suspended for a year.

Colleagues of Pauline Newman, a 96-year-old federal appeals judge, have suspended her from hearing cases as part of a clash over her mental fitness.

The U.S. Court of Appeals for the Federal Circuit’s active judges on Wednesday barred Newman from hearing cases for one year unless she complies with their demand to submit to medical testing.

“We are acutely aware that this is not a fitting capstone to Judge Newman’s exemplary and storied career,” according to the order.

“We all would prefer a different outcome for our friend and colleague,” it continued. “However, we have a solemn obligation under the Act and an obligation to the litigants before our Court and court staff to take action—and not to simply look the other way—when it appears that a judge of this Court is no longer capable of performing the duties of her judicial office.”

The ruling is the latest development in a bitter battle over Newman’s fitness to continue serving on the Federal Circuit, an appeals court that hears patent cases and other specialized disputes.

We've had some wonderful judges who had to confront the issue in our district over the years, including one during a high profile case dealing with the Everglades cleanup.

8 comments:

Anonymous said...

A federal district judge who has the power to impose criminal sentences, among many other things, should not be sitting on the bench when they have cognitive failures and clearly have a diagnosable level of dementia. Every reader of this blog knows the senior district judge in SDFL who has had such a level of mental impairment--and has had such mental disability at least since the early 2000s. If all of the district judges, and certainly the circuit judges, were required to spend time in the courtroom observing this particular senior district judge and watch what takes place in that courtroom--they would take similar action as the Federal Circuit is taking against Judge Newman. The judges of this district and this circuit owe it to litigants and the public to take action--because they would be shocked at what takes place regularly in the King Building. They would be embarrassed. This would happen if they took the time to see what is taking place firsthand.

Anonymous said...

It's time to amend the Constitution to to end lifetime appointment of judges (10 or 15 year terms) and to institute term limits for members of Congress.

Rumpole said...

They have conducted more than 20 interviews with unnamed court employees, who described Newman’s demeanor as “paranoid,” “agitated” and “bizarre,” the documents show. Among other things, the employees alleged Newman needs assistance with basic tasks, claims the court has bugged her phones, and repeatedly seems to have trouble retaining information in conversations.

Can they just assign her to Broward ? Paranoid agitated and bizarre- she’ll fit right in.

Rumpole said...

They have conducted more than 20 interviews with unnamed court employees, who described Newman’s demeanor as “paranoid,” “agitated” and “bizarre,” the documents show. Among other things, the employees alleged Newman needs assistance with basic tasks, claims the court has bugged her phones, and repeatedly seems to have trouble retaining information in conversations.

Can they just assign her to Broward? Paranoid agitated and bizarre - she’ll fit right in.

Anonymous said...

She would still be better than El APONTE and some others on the bench in Miami-Dade. Most are on the bench because they cannot and did not make a living in private practice.

Anonymous said...

I guess you don't want to say the quiet part out loud.

Anonymous said...

Didn't Herbert Hoover appoint Judge King?

Anonymous said...

@339, see 857am's comments.