A prominent neurologist has come forward to strongly contest a recent judicial committee’s recommendation to suspend 96-year-old Federal Circuit Judge Pauline Newman, bloomberglaw reports.
The committee, consisting of three judges from the US Court of Appeals for the Federal Circuit, proposed a one-year suspension citing concerns about Judge Newman’s cognitive health. The recommendation followed Judge Newman’s refusal to undergo neurological testing by a doctor selected by the committee.
Dr. Ted Rothstein, a neurologist from the George Washington University School of Medicine & Health Sciences, who examined Judge Newman and found her fit to serve, voiced his disagreement with the committee’s decision. In an interview with Bloomberg Law, Dr. Rothstein emphasized that during his examination, Judge Newman’s responses were coherent, appropriate, and showed no signs of cognitive impairment.
Dr. Rothstein challenged the committee’s characterization of his examination report, particularly the claim that Judge Newman “failed 80% of the memory-related questions.” He stated that this portrayal distorted the actual findings and misrepresented his opinion. Dr. Rothstein reiterated that there was no indication in his report that Judge Newman couldn’t respond appropriately to questions.
Judge Newman’s lawyer, in response to the committee’s recommendation, had argued that Dr. Rothstein’s examination supported her mental fitness. However, the committee chose not to credit his report and raised concerns about the evidence it contained regarding memory issues.
While the committee analyzed a Montreal Cognitive Assessment examination administered by Dr. Rothstein, they questioned the completeness of his evaluation. They highlighted a portion of the assessment where Judge Newman reportedly failed to remember a series of words. Nonetheless, Dr. Rothstein pointed out that she excelled in other areas of the exam.
The committee’s report also delved into Judge Newman’s communications with court staff regarding a computer that belonged to a former judicial assistant. The messages, according to the report, led to conflicts and accusations. Dr. Rothstein suggested that Judge Newman’s emails might have reflected anxiety rather than confusion about the court’s computer system.
Dr. Rothstein revealed that Judge Newman was distressed by allegations of mistreatment and was particularly frustrated by claims that she had experienced a heart attack. He indicated that her reactions were linked to the perception that she had been unfairly treated.
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