Judiciary
Federal appeals judge, 97, loses bid to unseal documents about her suspension
Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit in May 2023. The U.S. Court of Appeals for the District of Columbia has ruled that federal law does not permit Newman, now age 97, to unseal documents about her suspension. (Photo by Bill O’Leary/The Washington Post via Getty Images)
Federal law does not permit a 97-year-old federal appeals judge to unseal documents about her suspension absent consent of the chief judge of her circuit, the U.S. Court of Appeals for the District of Columbia Circuit ruled Monday.
Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit wanted to unseal the documents in an appeal of a federal judge’s July ruling dismissing her challenge to the disability law governing her case, Law360 reports.
Newman was suspended in September 2023 for refusing to participate in medical evaluations to determine her mental fitness.
Newman had told the D.C. Circuit that the only confidential information in the documents concern her medical history, Law360 reported. The Federal Circuit countered that the documents were of “questionable relevance” and will soon be released with redactions.
Newman was investigated after evidence was said to show “troubling signs” of her cognitive decline. Her expert, an editor of the principal neurosurgery textbook, said Newman had an “extraordinarily high level of cognitive ability” and appears to be a “super-ager.”
The D.C. Circuit said the Judicial Conduct and Disability Act generally does not permit disclosure of records related to investigations unless written consent is obtained from the judge under investigation and the chief judge of the relevant circuit.
See also:
97-year-old federal appeals judge should be suspended another year for exam refusal, panel says
Investigations of federal judges are rare and should happen more, former clerk says
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