MIKE DAVIS: A federal court is setting a dangerous precedent against a 99-year-old judge

The US Supreme Court recently erroneously refused to hear US District Judge Pauline Newman's appeal from the US Court of Appeals for the Federal Circuit. What happened to him is strange, unconstitutional, dangerous and unacceptable.

For several years, Newman endured illegal suspensions imposed by his colleagues on the basis of his lack of mental capacity – which anyone who has spent any time around Judge Newman knows is absurd. He may be 99 years old, but he's still sharp—and can outrun his younger colleagues.

The suspension prevented Newman from hearing any charges and amounted to an unconstitutional impeachment and removal from office. The Supreme Court set a dangerous precedent by refusing to accept the petition.

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Newman has served on the Federal Circuit since 1984. A few years ago, he fell into a coma for a while. On that basis, Federal Circuit Chief Judge Kimberly Moore, the criminal here in disguise, called a panel of fellow Federal Circuit judges to determine whether Newman was fit to serve. The problem with this plan is obvious: separate from the Constitution that gives federal judges a lifetime term to ensure their independence and gives Congress sole impeachment authority, these Moore-selected judges could be fact-witnesses. The Federal Circuit is based in Washington, DC All judges work in the same building. The judges on Moore's team, which, it turns out, included Moore himself, were constantly looking at Newman. In other words, Moore assembled a panel of kangaroo judges who had knowledge of all the relevant facts beforehand. This idea is like a jury consisting of twelve witnesses of the alleged crime sitting in judgment of the accused. Such an arrangement is clearly unconstitutional, as was Moore's rigged panel.

Newman submitted to the tests of three independent experts who evaluated him separately. They all decided that he was of sound mind and fully capable of performing his judicial duties. However, this was not enough for Moore and his kangaroo court, as the suspension continued indefinitely. Moore tried to minimize the nature of the behavior by alleging, for example, that Newman was allowed to attend the court's Halloween parties. Federal judges are appointed for life to decide cases, not to eat ice cream. No amount of spin from Moore can take away the stench of Newman's mistreatment.

Grand juries have the discretion to summarily remove judges from judicial duties upon discovery of allegations of misconduct. Samuel Kent, a disgraced Texas law enforcement officer, was suspended while the court investigated whether he had sexually assaulted employees. The evidence was overwhelming, and Kent – who was facing impeachment – resigned in disgrace and went to state prison. Newman's indefinite suspension, however, is nothing like the reasonable exercise of judicial power in the Kent case. Newman has always displayed the highest integrity and has done everything possible to demonstrate his sanity. Nothing is good enough for Moore and his panel of liars, and Newman is now exiled for the disgraceful inaction of the Supreme Court.

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The House is the only body empowered to censure judges. The Senate is the only body empowered to remove judges after a trial. Grand juries have no such power under the Constitution, yet Moore successfully achieved impeachment and removal. While Newman still receives his salary, he is not allowed to do the most important job of a federal judge: hearings. Where does this end?

US Supreme Court Justices pose for their official portrait at the Supreme Court in Washington, DC on October 7, 2022. (OLIVIER DOULIERY/AFP via Getty Images)

US District Judge Laurence VanDyke, a candidate for the Supreme Court if a vacancy arises, is a regular dissenting voice on the Ninth Circuit Court of Appeals. Could leftist Chief Justice Mary Murguia rule that VanDyke is incompetent and thus incapacitated? Can any chief justice choose a party to seal a verdict of insanity and fire another judge? There is no limited statute that governs what is done in Newman. If Moore can do it to him, any grand jury can do the same to any other judge, even if Congress shows no inclination to impeach that judge.

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Some judges richly deserve to be impeached. US District Judge Eleanor Ross of Georgia, for example, is a court scandal who allegedly used her rooms as a motel 6 room to have loud sex with a married Atlanta police chief. Ross, who is also married, performed this shameful act several times in the presence of his angry clerks. However, he received a bitter private rebuke from his legal colleagues. He has not been suspended and continues to face charges even though he was a laughing stock.

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Newman, by contrast, has never done anything to disrespect law enforcement, yet he finds himself permanently barred from fulfilling his primary duty: deciding cases. A judge where Eleanor Ross can preside over cases while Judge Newman can't find chaos. The Supreme Court could have stopped this circus but chose to remain silent. That fateful decision could have devastating consequences for many judges, for years to come. It's a real shame.

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