Doctor Who Examined 96-Year-Old Judge Slams Suspension, Report

A neurologist who examined Federal Circuit Judge Pauline Newman and deemed her fit to serve responded forcefully to a judicial committee’s recommendation to suspend the 96-year-old jurist.

The special committee of three other judges from the US Court of Appeals for the Federal Circuit voted to suspend Newman from taking new cases for a year. It released a bombshell 111-page report on Aug. 4 that stated the decision was necessary in light of Newman’s refusal to undergo neurological testing by a doctor chosen by the committee.

It further said that an examination performed by a doctor selected by Newman, Ted Rothstein, who practices and teaches at the George Washington University School of Medicine & Health Sciences, wouldn’t be credited and contained some evidence the judge had memory issues.

In an interview with Bloomberg Law on Monday, Rothstein said that when he examined Newman she “was eloquent, her responses were fluid and appropriate, and her examination did not indicate in any way that she was cognitively impaired.”

He took exception with how his examination, which was dated June 21, was described by the special committee—in particular a line in the committee’s report that said Newman “failed 80% of the memory related questions.”

“I feel it was a distortion and very inappropriate the way in which my opinion was altered to say something I didn’t say,” Rothstein said.

“I can tell you flat out there was nothing in my report,” Rothstein added, that suggested “she could not respond to questions appropriately.”

Rothstein told Bloomberg Law Newman had authorized his public discussion of the evaluation.

Dueling Reports

The committee report stated Newman argued that Rothstein’s examination was evidence that she’s in good mental shape.

But the panel chose not to credit Rothstein’s report.

The committee report argued that it’s unclear what records Rothstein relied on to reach his conclusions or whether he’d considered the committee’s interviews with court staffers who said they’d witnessed a deterioration in Newman’s health.

Rothstein said he was not contacted by the committee before they published their report.

Montreal Cognitive Assessment

The committee, nevertheless, dissected a Montreal Cognitive Assessment examination that Rothstein administered, and which he described in his report. Rothstein noted that on a portion of that test Newman lost points, after “failing to remember 4 of 5 words after several minutes.”

He also noted that Newman aced the rest of the exam’s questions, according to his medical report, which the committee also published as an exhibit. Newman apparently couldn’t do the full test and skipped either two or three written exercises due to a wrist injury, according to the two reports.

The special committee said it was unclear from Rothstein’s report or Newman’s lawyer whether Newman finished a written question where a subject is asked to draw a clock in a certain position.

Missing Computer

The committee report also chronicles Newman’s numerous communications with court staffers about a computer used by a former judicial assistant who left her office to work in another part of the court after an employment dispute.

In more than a dozen emails sent over two days in July, Newman sought to have the computer returned while the clerk of court and an IT official repeatedly attempted to assure her that the computer didn’t contain or have access to any sensitive chamber files.

Those messages, however, led to recriminations and accusations of theft from Newman, according to the report.

Rothstein said Monday that these emails may reflect anxiety rather than confusion about the court’s computer system.

“I can tell you that Judge Newman is very anxious and concerned about the way she’s been treated,” Rothstein said.

He said Newman was particularly frustrated by allegations that she had suffered a heart attack. “She tells me none of that is true,” he said.

“So, this issue of whether someone stole elements from her computer,” Rothstein said, “that goes along with this idea that she’s been mistreated by the powers that might be.”