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.”
