A judicial council on Monday said the nation”s oldest sitting federal judge — 98-year-old Pauline Newman, who was shelved in 2024 amid complaints about her mental health — will be barred from the bench for another year after extending her suspension, noting how there’s “no room for doubt” that she needs a “full neuropsychological battery of tests,” which she has refused to do.

“Litigants before this court deserve to have confidence that the judges ruling on their matters do not suffer from a cognitive impairment that may affect the resolution of their cases,” wrote the U.S. Court of Appeals for the Federal Circuit in a 95-page recommendation report. “They also deserve to have confidence that the mechanisms Congress established for addressing judicial disability function properly and that a judge with such an impairment cannot derail the process by refusing to cooperate,” said Chief Judge Kimberly A. Moore and Judges Sharon Prost and Richard G. Taranto.

As previously reported by Law&Crime, Newman was suspended by the Federal Circuit last year on a temporary basis after complaints about her demeanor and actions at work sparked an investigation. Her judicial colleagues reported concerning behaviors, including unexplained delays and habitual confusion, which led the circuit to launch its probe into the judge’s mental health.

Newman, who was appointed in 1984 by President Ronald Reagan, refused to cooperate and undergo independent neurological testing and failed to provide medical records during the investigation, prompting her temporary suspension.

The Federal Circuit said Monday that reports from doctors chosen by Newman for her legal battle contradicted information that was provided to the council, including statements from a physician that Newman cited, Dr. Ted Rothstein.

“In his report, Dr. Rothstein offered the ambiguous statement that Judge Newman ‘could have a more detailed neuropsychological evaluation as part of her neurological assessment,'” the judges noted. “But at deposition, Dr. Rothstein revealed that he had affirmatively recommended to Judge Newman that she should have neuropsychological testing.”

The Federal Circuit said it found Rothstein’s admission that he recommended further neuropsychological testing for Newman to be “highly significant,” pointing out how he was the first expert to evaluate Newman.

“Judge Newman, through counsel, made Dr. Rothstein and his purported conclusion that there was no need for further testing the cornerstone of her arguments defending her refusal to undergo testing,” the judges said.

“Dr. Rothstein’s report states this conclusion: ‘My findings would support her having cognitive function sufficient to continue her participation in her court’s proceedings,'” the council explained. “At deposition, it was pointed out to Dr. Rothstein that this was ‘a limited conclusion’ and that he was ‘not saying, ‘I have definitively established that she has the cognitive function to do this.'”

During oral arguments on July 24, Newman’s lawyer — Greg Dolin, of the New Civil Liberties Alliance — disputed whether Rothstein had actually recommended neuropsychological testing and claimed the doctor had said only that Newman “could” have such testing, not that she “should” have it, per court records.

“That is not accurate,” the Federal Circuit said Monday. “At deposition, Dr. Rothstein noted that ‘I had requested’ a ‘neuropsychological evaluation,’ he stated squarely that ‘I recommended a neuropsychological assessment,’ and when asked whether he had recommended a neuropsychological assessment, he said, ‘Yes, I did.'”

Dolin said last week during his arguments that the judicial council had two options when it came to ruling on Newman’s suspension: They could ask her to voluntarily retire, “which will not happen,” according to Dolin, “because Judge Newman has absolutely no trust in this committee, or this council, given everything that’s happened thus far,” he said. “So that’s not going to fly.”

The second option was to “certify the disability to the president,” according to Dolin, who can then appoint a supernumerary judge, or a judge who has stepped down or retired but will take cases on a fill-in or as-needed basis.

“The only consequence of that provision is that Judge Newman, instead of being the most senior judge on the court, would be the most junior judge on the court,” Dolin told the Federal Circuit. “Doesn’t mean she won’t do the work. Doesn’t mean that she’ll be able to be suspended from her transition to senior status. So at the end of the day, what’s the point? … Suppose the committee decides that, yes, she’s disabled? And, where do we go from there?”

According to Dolin, Newman has been suspended longer than any judge “in history of this country, whether before or after this act.” He said the Federal Circuit knows what the result will be now that Newman is shelved again.

“Nothing is going to change,” Dolin asserted. “And so, again, it is not simply clear to me what exactly is the end goal the committee has.”

The Federal Circuit said Monday there was a “reasonable basis” to order full neuropsychological testing for Newman due to her “continued refusal to cooperate” with testing requests, which constitutes as “continuing misconduct,” according to the judges.

“If Judge Newman undergoes the medical examinations specified by the committee with independent medical providers identified by the committee, the committee will be able to complete its investigation and make a recommended finding as to whether Judge Newman suffers from a disability,” the Federal Circuit concluded. “Until Judge Newman cooperates and permits the committee to make a finding on that issue, her continued non-cooperation justifies suspending case assignments for the fixed period of an additional year, or at least until she ceases her misconduct and cooperates such that the committee can complete its investigation, whichever comes sooner.”