The Celebrate Israel Festival on May 31 at Pier 94, slated to be the largest gathering to date of Israeli-Americans in New York.
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.
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We take a whole person approach, giving our people assistance with whatever they need.
During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai
20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse
Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting
She credited success to “mini” decisions-Small choices building on each other leading to big changes
Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times
Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program
“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me
Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.
The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.
The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.
“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”
“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.”
The president is unwilling to cede any of what he considers his exclusive powers in the area of foreign policy and has struggled mightily to keep the Senate away from any role in the kind of deal to be negotiated.
A committed Religious Zionist, he was a sought-after adviser on Zionist affairs around the world.
More important, Mr. Obama is simply acceding to Iran’s position on the timing of the lifting of sanctions.
For our community, Mrs. Clinton’s foreign policy record will doubtless attract the most attention. And it is a most interesting one.
Printed from: http://www.jewishpress.com/indepth/editorial/court-ruling-on-stop-and-frisk-offers-an-important-opportunity/2013/11/06/
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