Stop-And-Frisk Ruling Stopped, Frisked
We talked earlier this week about the New York Judge’s controversial ruling
overturning suspending the NYPD’s stop-and-frisk policy. Yesterday, a panel of federal judges overturned Judge Scheindlin’s ruling, and, stunningly, took her off the case, saying she had shown improper bias. Excerpt:
The Court of Appeals for the Second Circuit ruled that the judge, Shira A. Scheindlin, “ran afoul” of the judiciary’s code of conduct by compromising the “appearance of impartiality surrounding this litigation.” The panel criticized how she had steered the lawsuit to her courtroom when it was filed nearly six years ago.
The ruling effectively puts off a battery of changes that Judge Scheindlin, of Federal District Court in Manhattan, had ordered for the Police Department. It postpones the operations of the monitor who was asked to oversee reforms of the stop-and-frisk practices, which Judge Scheindlin had said violated the constitutional rights of minorities.
In its ruling, the federal appeals panel said it takes no stance on the merits of the case against the city’s stop-and-frisk policy, but is only saying that Judge Scheindlin’s conduct in handling the case seriously compromised the possibility of a fair hearing. The whole thing will start over, with a new judge.