"Enough After Serving Until 95..." Lifetime Judgeship Debate Ignites in the US
Colleagues Claim "Overall Work Performance Decline" Lawsuit
Judge Involved States "No Impact on Work," Countersuit Filed
On the 20th, Judge Pauline Newman of the United States Court of Appeals for the Federal Circuit, who will turn 96, was sued by a colleague urging her to "step down," and after filing a countersuit, the debate over 'lifetime tenure for judges' has ignited in the U.S. legal community.
According to recent reports from foreign media such as The Washington Post (WP), in April, Judge Kimberly Moore, who belongs to the same Federal Circuit Court of Appeals, filed a complaint with the U.S. Judicial Council based on the "Judicial Conduct and Disability Act," stating that "Newman is unfit to perform her duties due to mental and physical health issues." In response, Judge Newman filed a countersuit against Judge Moore last month.
Federal judges in the United States hold lifetime appointments, meaning once appointed, they retain their active status for life unless they die, resign, or are impeached.
The Judicial Council has scheduled a closed hearing on Judge Newman's status for the 13th of next month.
The media reported that regarding Judge Moore's lawsuit, "Under the relevant law, objections can be raised concerning a judge's fitness for duty," and "broad measures such as requests for voluntary retirement of judges may be taken subsequently."
Colleagues have pointed out that Judge Newman's work ability is declining. The media stated, "Newman has forgotten court rules implemented in the past five years and even referred to a chief judge who passed away long ago."
Furthermore, recently she failed to complete online security training, was unable to find files on her computer, blaming it on 'hackers,' raising suspicions about her computer skills. It was also noted that no new cases have been assigned to her since February, and there has been no progress on existing cases.
However, Judge Newman’s side argued, "There is no hindrance to case handling, and she works productively like any other colleague."
She claimed that because she often writes dissenting opinions, it takes relatively more time to process cases.
She said, "If I were truly physically and mentally debilitated as my colleagues say, I could step down," but added, "As things stand, I feel I can contribute sufficiently and must continue working."
The media reported, "Some criticize her refusal to step down as 'the epitome of selfishness,' but she emphasizes that her long experience and insight in the rapidly changing world of patent and intellectual property law are more important than ever."
In fact, Newman has been regarded as an authority on intellectual property law since serving as a judge from 1984 and is known for several groundbreaking rulings.
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Meanwhile, the media noted that Newman's longevity runs in her family. Her parents lived into their 90s, and her younger sister passed away at 89.
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