Judge Newman has threatened to have staff arrested, forcibly removed from the building, and fired. She accused staff of trickery, deceit, acting as her adversary, stealing her computer, stealing her files, and depriving her of secretarial support. Staff have described Judge Newman in their interactions with her as “aggressive, angry, combative, and intimidating”; “bizarre and unnecessarily hostile”; making “personal accusations”; “agitated, belligerent, and demonstratively angry”; and “ranting, rambling, and paranoid.” Indeed, interactions with Judge Newman have become so dysfunctional that the Clerk of the Court has advised staff to avoid interacting with her in person or, when they must, to bring a co-worker with them.
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That’s why. There are certain things that are significant enough that we don’t let just anyone do them, yet also important enough to self-determination that we don’t usually say a person will never be allowed to make that choice. That age when we’ve decided people are mentally, not physically, mature enough to make those decisions is 18. Most people have reached that threshold, some have been there for years, some never will be. Some will barely skim past that threshold, and we will hear stories about them for years. Those who are incapable of breaching that threshold have some or all of their rights as adults removed, and we call that guardianship, power of attorney, and similar things.
The difference between minors and incapable seniors is that some never become that much less capable, and those that do will do so over a truly significant span of years, like half a lifetime’s difference. So how do you pick a number and say, “This is when adults are too old to make good decisions,” without disregarding the capabilities of the vast majority of the people affected on the low side of the range or being far too late to matter on the high side? Perhaps dealing with something with such a great degree of variability should be dealt with on a case-by-case basis.