For One Day Only: $1=$4, Thanks to Matching from BIG Donors
In an unusual ruling, the U.S. Court of Appeals in Manhattan removed the trial judge from the celebrated stop and frisk case and stayed implementation of the restrictions she imposed on the NYPD in its use of the crime-fighting tool.
Though the court did not address the merits of U.S. District Judge Shira Scheindlin’s finding that the current stop and frisk program violated the rights of blacks and Hispanics, it did focus on what it saw as the appearance of the judge’s bias against the program.
The appellate court ruled that Judge Scheindlin “ran afoul” of certain provisions of the Code of Conduct for United States Judges. One provision provides that “A judge should avoid impropriety and the appearance of impropriety in all activities.” Another says “A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.”
The court said “the appearance of impartiality surrounding this litigation was compromised by [Judge Scheindlin’s] improper application of the …. ‘related case rule’ ” (which generally allows lawyers to request that a judge who previously presided over cases similar to theirs be assigned – at that judge’s discretion – to their case) “and by a series of media interviews and public statements purporting to respond publicly to criticism of [her].”
The court also noted that in an earlier case involving stop and frisk over which she presided, Judge Scheindlin told the plaintiff’s lawyer, “[I]f you got proof of inappropriate racial profiling in a good constitutional case, why don’t you bring a lawsuit? You can certainly mark it as related.”
She also said, “[W]hat I am trying to say, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit.” Later in court she said, “And as I said before, I would accept it as a related case, which the plaintiff has the power to designate.” The current lawsuit was then brought and found its way to Judge Scheindlin.
The court also pointed out that Judge Scheindlin gave interviews about the case and criticism of her to the New York Law Journal, the Associated Press and The New Yorker magazine – a definite no-no.
Over the years Judge Scheindlin has developed a reputation for coming down hard on procedures followed by the NYPD. So whatever one thinks of the stop and frisk program, it isn’t difficult to understand why those favoring it as currently administered would have serious doubts about whether the restrictions imposed by Judge Scheindlin were fair.
The court’s decision presents the new mayor of New York with an opportunity to revisit the issue of stop and frisk and perhaps even calm the passions of a divided city. If done properly, most New Yorkers on either side of the issue will perceive that they have been given a fair shake and accept what is decided.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
When words lose meaning, the world becomes an Orwellian dystopia; a veritable Tower of Babel
Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.
Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly
Rambam writes the verse’s double term refers to 2 messiahs: first King David; 2nd the final Mashiach
The Gaza flotilla has been rightfully and legally blocked by Israel’s Navy, with greetings from Bibi
The president described the attack as “an act that drew on a long history of bombs and arson and shots fired at churches, not random, but as a means of control, a way to terrorize and oppress…”
“The only [candidate] that’s going to give real support to Israel is me,” said the 69-year-old Trump.
And whereas at the outset the plan was that Iran would have to surrender most of its centrifuges, it will now be able to retain several thousand.
Now oil independent, US no longer needs its former strategic alliances with Gulf States-or Israel
In addition to the palace’s tremendous size it was home to the “hanging gardens,” which were counted among the seven wonders of the ancient world.
Rather than asserting Jewish rights on Temple Mount or protecting Jewish lives Israel chooses soccer
Nothing in the NEW Paris Proposal differs much from what was offered by Olmert and rejected by Abbas
Can adoption agencies limit the placement of children to heterosexual couples only?
It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.
Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?
There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.
“Let’s get something straight so we don’t kid each other…[the Iranians] already have paved a path to a bomb’s worth of material,” said Mr. Biden. “Iran could get there now if they walked away in two to three months without a deal.”
Beyond the particulars of this tragic death, however, we should all be concerned about the possibility that a criminal prosecution in a major American city is being driven by fear of mobs in the street.
Printed from: http://www.jewishpress.com/indepth/editorial/court-ruling-on-stop-and-frisk-offers-an-important-opportunity/2013/11/06/
Scan this QR code to visit this page online: