According to court officials at the U.S. Court of Appeals eral appeals judge in Washington is being investigated by her own court for allegedly failing to perform her duties and refusing to address the concerns of other judges.

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According to court officials at the U.S. Court of Appeals for the Federal Circuit, federal appeals judge in Washington is being investigated by her own court for allegedly failing to perform her duties and refusing to address the concerns of other judges. Judge Pauline Newman, who is 95 years old, may “suffer a disability that interferes with her ability to perform the responsibilities of her office,” according to an order signed by Chief Judge Kimberly Moore of the Federal Circuit. According to Moore’s order of Thursday, Newman is also being investigated for misconduct because she has refused to cooperate with the investigation or undergo a medical examination. Email requests for comment from Newman and Moore did not immediately receive a response. In a previous ruling from March, Moore stated that Newman had displayed symptoms of cognitive and physical decline, delayed submitting opinions, revealed private medical information to her staff, and permitted one of her law clerks to engage in unspecified “unprofessional and inappropriate behavior.” According to the March order, Newman’s mental fitness was a concern for half of the court’s active judges. As the only member of the court “who cared about the patent system and innovation policy,” Newman had refused to consider senior status, a type of semi-retirement, according to the order. Leading intellectual property law expert Newman is a well-known dissenter on the Federal Circuit, which frequently hears important cases involving technology and pharmaceutical companies and is focused on patents. Ronald Reagan, a Republican president, appointed her to the bench in 1984. According to the March order, Newman has taken part in 60 cases since June of last year, compared to an average of 116 cases for active judges. A complaint from a bench mate against a U.S. judge is extremely uncommon, especially when it involves a sensitive subject like their suitability for office. The committee looking into Newman will present its findings to the judicial council of the Federal Circuit, which may decide to dismiss the complaint or impose penalties, such as a private censure or a suggestion that the judge step down. The council may certify that a judge has a disability if they refuse to retire or assume senior status. This will allow the president of the United States to nominate a different judge.

Submitted by Layla Davidson