98-Year-Old Patent Judge Petitions Supreme Court to End Suspension

Judge Pauline Newman, a 98-year-old federal appellate jurist suspended from hearing cases since 2023, has asked the U.S. Supreme Court to intervene in a dispute over whether she was denied due process — a case that is forcing a national reckoning over lifetime tenure on the federal bench.

Newman joined the U.S. Court of Appeals for the Federal Circuit in 1984 and became a recognized authority in patent law. In March 2023, when she was 95, the court's chief judge launched a fitness investigation. Newman refused to be examined by doctors the court selected, her attorneys said, insisting instead on physicians of her own choosing — who, her legal team says, cleared her. No court has issued a finding of incompetency. The dispute has centered instead on procedure, with Newman's attorneys arguing she has been effectively removed without a formal adjudication.

Her attorney, John Vecchione, senior litigation counsel at the nonprofit New Civil Liberties Alliance, said the three-year suspension is unprecedented in its length relative to the underlying allegations. An internal federal judicial conduct committee rejected Newman's due process claims in a March 24 decision, ruling that because Newman retains her office, law clerk, salary and benefits, she has not been deprived of a property interest. The committee said it expects Newman to undergo further medical evaluation.

More than 30 percent of federal judges nationally are 75 or older, according to federal court system data. Political scientist Ryan Black of Michigan State University, who studies judicial performance, said his research shows measurable declines in performance indicators as judges age and that older judges rely more heavily on law clerks.

Newman, in a video produced by her legal team, said she is fighting on principle. "I thought that it was ridiculous and I should not succumb or set a pattern of judicial colleagues being able to bully and intimidate and force out a colleague they don't like who writes dissents," she said.

The Supreme Court takes only a small fraction of cases each term, making Newman's petition a long shot. The Court has set no hearing date. The Justice Department, which is defending the Federal Circuit in the dispute, declined to comment on the case.

Any Supreme Court ruling on judicial due process procedures or mandatory fitness reviews could reshape how competency disputes are handled for every federal judge in the country — including those presiding over cases filed by Treasure Coast residents and businesses.

This article was generated with AI assistance using publicly available information. It was reviewed and approved by a human editor before publication. TC Sentinel uses AI writing tools in accordance with FTC guidelines.