Ct of Appeals stays NYC Stop-and-Frisk ruling, kicks trial judge off case
on October 31, 2013
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How ironic.
Just two days after NYC Police Commissioner Ray Kelly was shouted down at Brown University over NYC's Stop and Frisk policy, with many protesters citing a finding by a trial Judge of racial discrimination, the Court of Appeals for the Second Circuit has stayed the ruling, and kicked the trial judge off the case. (Full Order embedded at bottom of post.)
In a short but scathing ruling, the Court of Appeals ruled that Judge Shira A. Scheindlin "ran afoul of the Code of Conduct for United States Judges":
Upon review of the record in these cases, we conclude that the District Judge ran afoul of the Code of Conduct for United States Judges, Canon 2 (“A judge should avoid impropriety and the appearance of impropriety in all activities.”); see also Canon 3(C)(1) (“A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned . . . .”), and that the appearance of impartiality surrounding this litigation was compromised by the District Judge’s improper application of the Court’s “related case rule,” see Transfer of Related Cases, S.D.N.Y. & E.D.N.Y. Local Rule 13(a),1 and by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court.2 Accordingly, we conclude that, in the interest, and appearance, of fair and impartial administration of justice, UPON REMAND, these cases shall be assigned to a different District Judge, chosen randomly under the established practices of the District Court for the Southern District of New York. This newly-designated District Judge shall implement this Court’s mandate staying all proceedings and otherwise await further action by the Court of Appeals on the merits of the ongoing appeals. In taking these actions, we intimate no view on the substance or merits of the pending appeals, which have yet to be fully briefed and argued.
