Stop-and-Frisk Judge Shira Scheindlin Asks To Return to Case

Appeals Panel Pulled Jurist From Explosive Role

By Reuters

Published November 06, 2013.
  • Print
  • Share Share

A U.S. judge on Wednesday asked an appeals court to reinstate her to a closely watched case regarding the constitutionality of the New York Police Department’s “stop-and-frisk” tactic, saying she was unfairly removed from it a week ago.

In a highly unusual request, U.S. District Judge Shira Scheindlin asked the 2nd U.S. Circuit Court of Appeals to reverse its ruling of Oct. 31, when a three-judge panel removed her from the case, saying she “ran afoul” of the judicial code of conduct in part by granting media interviews.

Just two months ago, Scheindlin became a hero of civil rights and civil liberties groups when she struck down parts of stop-and-frisk, ruling that it amounted to “indirect racial profiling” that resulted in the disproportionate and discriminatory stopping of blacks and Hispanics.

In that ruling, she also appointed a federal monitor to oversee changes in NYPD practices.

The city appealed, and the appeals court ruling last week to remove her from the case and to freeze her decision was at least a temporary victory for Mayor Michael Bloomberg and the NYPD. The city has argued that stopping, questioning and frisking suspicious people has led to a steep decline in crime rates.

The issue also played a role in the campaign for mayor of New York City in which candidate Bill de Blasio, who won in a landslide on Tuesday, blasted stop-and-frisk as unfair.

The three-judge panel’s ruling had no implications for the merits of the case and instead was a rebuke of Scheindlin. The judges said they would rule on the merits of the case upon hearing the city’s appeal of Scheindlin’s ruling next March.

Scheindlin, in the motion filed Wednesday by her attorney, Burt Neuborne, noted that the judge had never been accused of running afoul of the code of conduct by any of the parties in the case at the district court level, nor in oral arguments before the appeals court.

Moreover, the appeals court should have notified Scheindlin in advance that it intended to disqualify her and she should have been given a chance to respond before the ruling was made, her lawyer said in the court brief.

“Since nobody asked for her disqualification, and the disqualification came from the court itself, this is her chance to ask, ‘Before you do this to me, let me at least get a chance to explain myself,’” Neuborne told Reuters.


The Jewish Daily Forward welcomes reader comments in order to promote thoughtful discussion on issues of importance to the Jewish community. In the interest of maintaining a civil forum, The Jewish Daily Forwardrequires that all commenters be appropriately respectful toward our writers, other commenters and the subjects of the articles. Vigorous debate and reasoned critique are welcome; name-calling and personal invective are not. While we generally do not seek to edit or actively moderate comments, our spam filter prevents most links and certain key words from being posted and The Jewish Daily Forward reserves the right to remove comments for any reason.





Find us on Facebook!
  • “I don’t want to say, ‘Oh oh, I’m not Jewish,’ because when you say that, you sound like someone trying to get into a 1950s country club, “and I love the idea of being Jewish." Are you a fan of Seth Meyers?
  • "If you want my advice: more Palestinians, more checkpoints, just more reality." What do you think?
  • Happy birthday Barbra Streisand! Our favorite Funny Girl turns 72 today.
  • Clueless parenting advice from the star of "Clueless."
  • Why won't the city give an answer?
  • BREAKING NEWS: Israel has officially suspended peace talks with the Palestinians.
  • Can you guess what the most boring job in the army is?
  • What the foolish rabbi of Chelm teaches us about Israel and the Palestinian unity deal:
  • Mazel tov to Idina Menzel on making Variety "Power of Women" cover! http://jd.fo/f3Mms
  • "How much should I expect him and/or ask him to participate? Is it enough to have one parent reciting the prayers and observing the holidays?" What do you think?
  • New York and Montreal have been at odds for far too long. Stop the bagel wars, sign our bagel peace treaty!
  • Really, can you blame them?
  • “How I Stopped Hating Women of the Wall and Started Talking to My Mother.” Will you see it?
  • Taglit-Birthright Israel is redefining who they consider "Jewish" after a 17% drop in registration from 2011-2013. Is the "propaganda tag" keeping young people away?
  • Happy birthday William Shakespeare! Turns out, the Bard knew quite a bit about Jews.
  • from-cache

Would you like to receive updates about new stories?




















We will not share your e-mail address or other personal information.

Already subscribed? Manage your subscription.