“The Committee believes that Judge Newman’s continued refusal to cooperate by undergoing the necessary medical examinations constitutes a serious form of continuing misconduct,” the panel’s opinion Monday said. “The additional process Judge Newman sought has all been granted, and the evidence flowing from it further supports the Committee’s original order that Judge Newman should undergo full neuropsychological testing, the same testing her expert, Dr. Rothstein, recommended back in 2023.”

The appeals court panel of Chief Judge Kimberly Moore and Judges Sharon Prost and Richard Taranto issued another one-year suspension for Newman and said she should remain suspended until she cooperates with the investigation by undergoing the requested tests.

“If Judge Newman undergoes the medical examinations specified by the Committee with independent medical providers identified by the Committee, the Committee will be able to complete its investigation and make a recommended finding as to whether Judge Newman suffers from a disability,” the opinion said.

“Until Judge Newman cooperates and permits the Committee to make a finding on that issue, her continued non-cooperation justifies suspending case assignments for the fixed period of an additional year, or at least until she ceases her misconduct and cooperates such that the Committee can complete its investigation, whichever comes sooner,” the opinion continued.

The original investigation into Newman began in March 2023 after concerns were brought to Moore by other judges and staff about Newman’s alleged “inability to perform the work of an active judge based on their personal experience.” Newman has pushed back on these claims and insisted she is fit to continue as a judge.

In a filing to the appeals court panel earlier this month, Newman’s lawyers argued that the suspension has been an “ongoing abuse of the judiciary’s self-policing authority.” Newman’s lawyers also contended that the committee investigating her “has enough information in front of it to resolve this matter” and argued she does not need to undergo full neuropsychological testing for them to make their conclusion.

SUPREME COURT’S EMERGENCY DOCKET ORDERS FRUSTRATE LIBERAL JUSTICES

The investigation into Newman’s fitness to continue serving in the Washington, D.C.,-based court comes as age and fitness to serve in powerful positions have been a frequent story in the nation’s capital.

Former President Joe Biden abandoned his reelection bid a year ago after concerns mounted over his age and mental acuity following his disastrous June 2024 debate against President Donald Trump. Trump, 79, is the second-oldest president in U.S. history, behind Biden, but is term-limited and will end his time in the White House in January 2029 at age 82.