Wednesday, November 6, 2013

It was not only that a panel of the Second Circuit stayed Judge Shira Scheindlin's orders in Floyd v. City of New York and in Ligon v. City of New York regarding the NYPD's implementation of stop and frisk as violative of equal protection. But the panel - - -consisting of Judges John M. Walker, Jr, José A. Cabranes, and Barrington D. Parker - - - took the unusual move of removing Judge Scheidlin from the case, as we discussed here.



Now, counsel on behalf of Judge Scheindlin, have filed a Request for Leave to File Motion to Address Order of Disqualification (here). In addition to rules of appellate procedure, the motion relies upon the First and Fifth Amendments. Specifically, the motion alleges that discussion of important legal issues by members of the judiciary is crucial to public understanding of the rule of law and is consistent with the values of the First Amendment, and that the general discussions by the judge cannot be deemed to "run afoul" of the Code of Judicial Conduct and cannot justify a sua sponte order removing her as judge.

The removal of the judge has been roundly criticized, but now the Second Circuit has been asked to respond.

UPDATE: NYT article here; Excellent post over at "Wait A Second!" with link the transcript from the "related case" hearing.

https://lawprofessors.typepad.com/conlaw/2013/11/update-on-stop-and-frisk-judges-removal-by-second-circuit-judge-shira-scheindlin-seeks-intervention-.html