Thursday, November 7, 2013

Defending Judge Scheindlin On Stop And Frisk

Lawyers Rally In Defense Of Judge Removed From Stop & Frisk Case

I thought the appellate panel's removal of a Judge Scheindlin was draconian and unusual.  Glad to some pushback on it. 
"A team of distinguished attorneys has filed a legal brief on behalf of the federal judge who was removed from the stop and frisk cases last week. The attorneys, led by the head of NYU's Brennan Center for Justice, Burt Neuborne, claim in the filing [PDF] that federal Judge Shira Schneidlin's ousting by a panel of Second Circuit judges was "an affront to the values underlying the Fifth Amendment's guarantee of procedural due process of law." The three appellate judges who removed Judge Scheindlin—John Walker Jr., José Cabranes, and Barrington Parker Jr.—pointed to comments she made in the press as proof of her "bias" against the City and the NYPD in the stop and frisk case. They also claimed that comments she made to an attorney in 2007—comments that other attorneys and legal experts have categorized as appropriate and routine—constituted judicial misconduct. "I thought when I saw the order that procedural fairness required that she at least have an opportunity to defend herself. I reached out to her and offered my services pro bono, and she accepted," Neuborne told the Times."

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