Legal Ethics Forum: Plaintiffs in stop-and-frisk case move for en banc reconsideration of Second Circuit opinion removing Judge Scheindlin

Legal Ethics Forum: Plaintiffs in stop-and-frisk case move for en banc reconsideration of Second Circuit opinion removing Judge Scheindlin: "Documents below. Document 267-2 is the one to read. Excerpts: The Panel’s decision is a perfect storm of procedural irregularity. The Panel (1) raised the removal issue sua sponte, without notice to the parties or the district court judge, without any request or complaint from the parties, and long after the City waived an opportunity to seek removal; (2) based its decision impermissibly on matters outside the appellate record; and (3) denied the parties an opportunity to be heard on alleged improprieties, even though Plaintiffs may suffer prejudice from reassignment to a judge unfamiliar with the complexities of this case. Given the Panel’s stay of all proceedings before the district court and the opportunity to consider alleged improprieties in the ordinary course of merits briefing, the removal of Judge Scheindlin appears gratuitous and deeply flawed."

'via Blog this'