A panel of Judges for the Second Circuit Court of Appeals in New York who had recently removed Judge Shira Scheindlin from the City’s stop-and-frisk case, have now issued a lengthy explanation of how they had made “no findings of misconduct, actual bias or actual partiality” by judge Scheindlin.
The New York Times newspaper has written two articles in two days summarizing the actions taken by the U.S. Court of Appeals for the Second Circuit. The first article explained how the Federal Court had softened its tone from the Order which removed Judge Scheindlin from the stop-and-frisk case.
The second article which was written by N.Y. Times Editorial Board said that the Court’s new Opinion appears less highhanded than the first but still claims that the panel had no choice but to disqualify Judge Scheindlin for comments she made in court and in press interviews.
Judge Scheindlin recently filed a Motion saying that she had…“felt ambushed, and petitioned the court for the opportunity to defend herself”.
This week’s ruling denied that motion and also backed away from some of the serious charges that were implied in the earlier ruling. And by finding no actual misconduct by the judge, the appeals court seemed to signal to the city that there are no grounds to vacate Judge Scheindlin’s decisions”.
The Times concluded that the fate of the stop-and-frisk program will be left up to the City’s incoming mayor, Bill de Blasio, who has pledged to reform the program. The newspaper stated that it “believes the full court should review and reverse the three-judge panel’s ruling”.