Suspended federal appeals judge, 97, has 'extraordinarily high level of cognitive ability,' evaluation says
Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit in May 2023. Newman, now age 97, appears to be a “super-ager,” according to a neurosurgeon who is also a lawyer and an inventor. (Photo by Bill O'Leary/The Washington Post via Getty Images)
A suspended 97-year-old federal appeals judge appears to be a “super-ager” because she shows no effects of age on cognition and demeanor, according to a neurosurgeon who is also a lawyer and an inventor.
Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit demonstrates an “extraordinarily high level of cognitive ability” and is “cognitively fit to return to active duty” as a senior appeals judge, according to the report by Dr. Aaron G. Filler released Tuesday by Newman’s lawyers with the New Civil Liberties Alliance, a nonprofit public interest law firm.
Filler describes himself as an editor of the principal neurosurgery textbook and an author of several chapters. He has also argued three cases before the Federal Circuit, including two before Newman in 2019 and 2022. He conducted the exam of Newman, who was born June 1927, on a pro bono basis.
The judicial council of the Federal Circuit suspended Newman from hearing new cases for a year in September 2023 and extended the suspension for another year earlier this month. The decision was based on Newman’s refusal to submit to a probe of mental fitness with experts selected by a special committee.
The special committee had recommended the extended suspension, citing “strong concerns” established by evidence “showing troubling signs of cognitive decline, often resulting in angry and abusive behavior towards staff, with many witnesses describing increasingly erratic behavior in 2023.”
Filler found none of those problems based on a full neurological examination that included an interview and a measure of blood flow to the brain using perfusion computed tomography. The perfusion CT test is “highly useful” for identifying dementia, according to Filler’s review of scientific literature.
The scan “demonstrates a very high rate of effective perfusion—a finding consistent with high cognitive ability generally and Judge Newman’s high capability for integrative thought and memory functioning,” Filler said in his report.
Filler also questioned Newman to evaluate her ability to understand complex technologies and to apply complicated legal doctrines raised by the technologies.
“Judge Newman’s rapid efficient responses to the difficult questions posed demonstrate an extraordinarily high level of cognitive ability,” Filler wrote.
He also compared his experience arguing the cases before Newman with his current evaluation of her abilities and found them “more than comparable.”
“This is a 97-year-old woman who appears generally healthy and active as if 20 or more years younger than her stated age,” Filler wrote. “She engages normally and fluidly in interaction and conversation without any apparent diminishment that might be associated with age in the 10th decade as to other individuals. In this regard she presents as a ‘super-ager’ in that she does not demonstrate effects of age on cognition or demeanor comparable to many others at this age.”
Newman acknowledged in her interview with Filler that her rate of producing opinions has slowed somewhat but noted that she has resolved the backlog without compromising opinion quality.
Filler also reviewed affidavits of court staff who reported outbursts by Newman. Most reports followed the launch of an investigation into her mental fitness, and the episodes could be explained by the stress of the process, he said.
Above the Law, Bloomberg Law and Law360 are among the publications with coverage of Filler’s evaluation.
See also:
97-year-old federal appeals judge should be suspended another year for exam refusal, panel says
Investigations of federal judges are rare and should happen more, former clerk says
