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Federal Circuit Judge Pauline Newman has been barred from hearing cases for at least another year following her refusal to cooperate with an investigation into her health. The appeals court's judges unanimously agreed on Friday to extend the suspension, which began last year.

Newman's Suspension Extended : Federal Circuit's Decision

In a brief order without further comment, the 11 judges on the Federal Circuit Judicial Council adopted a July recommendation from a three-judge panel. The order states that Judge Newman, who is 97 years old, will remain prohibited from participating in cases at either the panel or en banc level for another year. The suspension could be renewed if Judge Newman continues to refuse cooperation, or rescinded if she complies. "Judge Newman shall not be permitted to hear or participate in any cases... for a period of one year," the Judicial Council wrote. The decision stems from her refusal to undergo medical evaluations, which were part of an investigation into her competency to serve on the bench.

Health Concerns and Investigation

Judge Newman's suspension was first imposed last September after she declined to consent to medical tests requested by her colleagues. The investigation was prompted by concerns from court staff and fellow judges about her cognitive health. In July, a three-judge special committee concluded that her refusal to comply with the medical tests "reinforced the concerns about cognitive impairment." The committee’s recommendation to extend the suspension was based on the absence of any evidence to mitigate these concerns. Judge Newman's refusal to undergo medical evaluations continues to impede the investigation, the panel said.

Newman's Suspension Extended : Judge Newman's Legal Battle

In response, Judge Newman's legal team, led by Gregory Dolin of the New Civil Liberties Alliance, has been actively challenging the suspension. Last month, they filed a brief arguing against the extension, calling it "the longest suspension in U.S. history." They contend that suspending a judge without impeachment proceedings is unprecedented and amounts to a "stealth impeachment." Dolin criticized the Judicial Council's actions, stating that either Judge Newman should be allowed to hear cases again, or the council should inform Congress if impeachment is warranted. "What the council may not do is engage in stealth impeachment," the brief argued. Dolin announced that they plan to seek review by the Committee on Judicial Conduct and Disability. This committee had previously upheld Judge Newman's suspension in February. In addition, Judge Newman has filed a lawsuit against her fellow Federal Circuit judges to challenge the suspension, but that case was dismissed in July and is currently on appeal in the D.C. Circuit.

Federal Circuit's Stance and Next Steps

The Federal Circuit declined to provide further comment on the extended suspension. Meanwhile, Judge Newman's legal team remains determined to continue their fight. "We intend to seek review as we did last year, and we of course intend to continue to litigate," Dolin said, adding that the current situation amounts to "impeachment by subterfuge."