Skip to main content

A little rational discourse on the issue from Harvard Law Professor Nancy Gertner, a former federal district court judge:

Last week’s decision from the Second Circuit panel highlighted the importance of other rules of conduct – and it was the members of the Second Circuit, not Judge Schira Scheindlin, who violated those rules.

The three members of the panel, Judges Jose Cabranes, Barrington Parker and John Walker, expressed concern about the assignment of the stop-and-frisk case to Judge Scheindlin (the “related-case rule”) and about her public comments, which they said were about a pending case and were therefore improper. In fact, it was their acts that violated procedural fairness, and their acts that forced the judge to make a public statement about a pending case – in order to rebut their accusations.

It was the members of the Second Circuit, not Judge Schira Scheindlin, who violated the rules of judicial conduct. Their flawed decision shows why those rules should be followed. No party had moved to disqualify the judge – not during the years at the trial court level, not on appeal.  [...] Even more significant, had the parties moved for disqualification, the judge would have written a decision, explaining what happened. [...]

The scandal of this case is not about judicial speech or the assignment process. It is about disrespecting the parties and the process, not to mention a fine judge. I’m glad the case has led to a conversation about judicial impartiality. I just hope we see who the transgressors are, and see that Judge Scheindlin is not one of them.

I don't know if Judge Scheindlin did anything wrong. Based on what we know, I think the Second Circuit panel did.

Originally posted to Armando on Mon Nov 04, 2013 at 08:53 AM PST.

Also republished by New York City.

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Meteor Blades, Bob Johnson, schemp, Pat K California, Alumbrados, Chi, glitterscale, houndcat, Joan McCarter, Danno11, Emerson, meg, genethefiend, Jay C, LEP, rubyr, TX Unmuzzled, RFK Lives, Creosote, Heart of the Rockies, chipoliwog, TheMomCat, Zinman, TracieLynn, susakinovember, whenwego, boadicea, roses, taonow, sidnora, Dr Colossus, NYFM, Brian82, Curt Matlock, Elwood Dowd, ScienceMom, Josiah Bartlett, joanneleon, Los Diablo, marina, radarlady, Tonedevil, democracy inaction, andgarden, run around, terrypinder, YucatanMan, Laurence Lewis, eru, owlbear1, Ice Blue, Blu Gal in DE, peacestpete, kathny, Nowhere Man, martini, LeftOverAmerica, Knucklehead, K S LaVida, poco, Patriot Daily News Clearinghouse, GreenMtnGirl, myboo, sleipner, deha, kck, blueoasis, aloevera, StrayCat, philipmerrill, JVolvo, el cid, ER Doc, middleagedhousewife, justiceputnam, onionjim, Clive all hat no horse Rodeo, blueoregon, chgobob, Statusquomustgo, Little, Aaa T Tudeattack, cpresley, ammasdarling, ccyd, pgm 01, RWood, john07801, Habitat Vic, ColoTim, puakev, FishOutofWater, Calvin Jones and the 13th Apostle, dclawyer06, jnhobbs, leonard145b, TomP, JDWolverton, Involuntary Exile, Buckeye Nut Schell, tofumagoo, pickandshovel, petulans, watercarrier4diogenes, forgore, maggiejean, Bule Betawi, cybrestrike, imchange, Bonsai66, Denise Oliver Velez, moviemeister76, ArthurPoet, jpmassar, Larsstephens, Railfan, Just Bob, Its the Supreme Court Stupid, FogCityJohn, gramofsam1, David Harris Gershon, Lost and Found, cordgrass, ItsSimpleSimon, Publius2008, Oh Mary Oh, slice, kerflooey, jm214, HiKa, trumpeter, marleycat, zukesgirl64, smoothnmellow, shaso, Grandma Susie, jolux, SouthernLiberalinMD, GrumpyOldGeek, greenbastard, IndieGuy, Eric Nelson, a2nite, Horace Boothroyd III, Mike RinRI, peachcreek, belinda ridgewood, Arahahex, lunachickie, avsp, MarkW53, nolagrl, jbob, poopdogcomedy, aresea, ORswede, amparo fan, maregug, Kombema, TheDuckManCometh, Dodgerdog1, Penny GC, kkkkate, boppersan, socialismorbarbarism

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site