A federal judge, Pauline Newman, is asking the Supreme Court to allow her to return to the bench at 98 years old. She has been unable to hear cases for three years due to questions about her fitness.
Newman joined the U.S. Court of Appeals for the Federal Circuit in 1984. She is well-known in patent law. Her former colleague, Paul Michel, believes she still has the skills she always had, but the court has changed. It’s become more cautious about patents.
Michel describes Newman as bright and independent, although he notes that her slower writing pace and frequent dissents can frustrate colleagues. To investigate her competency, the chief judge initiated a review in March 2023. However, Newman refused to take a court-appointed exam, preferring her own doctors who deemed her fit. Her attorney, John Vecchione, criticized the ongoing scrutiny. He pointed out that many judges with serious issues have faced less severe consequences.
Interestingly, Newman’s case highlights a broader problem in the judiciary. The average age of federal judges is now around 69, and over 30% are 75 or older. Experts like Ryan Black from Michigan State University emphasize that older judges may rely more on their clerks and experience performance declines. Surveys indicate many believe a mandatory retirement age for judges should be considered, similar to pilots or surgeons.
Newman continues to advocate for her right to serve, stating that the situation is more about principle. She argues against what she perceives as judicial bullying and intimidation.
While the Federal Circuit declined to comment, a committee found in March that Newman still retains her office and benefits, suggesting she’s not deprived of her rights. The Supreme Court now faces a challenging decision on whether to intervene in her case.
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