Supreme Court Rejects Bid By 98-Year-Old Appeals Judge To Be Reinstated

Newman’s attorneys said in the petition that Moore has “improperly” used the federal Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 “to perpetually sideline Judge Newman until she gives in to the bullying and retires or takes senior status.”

Senior status is a form of semi-retirement for judges who are 65 years or older and have served a minimum number of years of judicial service.

These judges have a lighter caseload but receive full pay. The current president may fill a court vacancy created when a judge takes senior status.

In May, the U.S. Solicitor General, D. John Sauer, filed a brief on Moore’s side, asking the Supreme Court to decline the case.

“Lower courts properly held that the law bars most district court review of judicial council decisions in misconduct or disability cases,” Sauer said.

“I was disappointed the justices did not take this opportunity to protect judicial independence,” said Andrew Morris, a lawyer with the New Civil Liberties Alliance, which represents Newman.