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Monday, November 14, 2011

Judges To Talk About Judicial Challenges

Judges to talk about challenges to judicial independence
The Journal News by Rebecca Baker  - November 10, 2011
A federal judge and two state judges will take center stage at Pace University School of Law on Tuesday, Nov. 15 to share their personal struggles with challenges their judicial independence and other political challenges to judges around the world.  U.S District Judge Harold Baer, New York Appellate Justice Helen E. Freedman and 9th Judicial District Administrative Judge Alan Scheinkman will lead the 90-minute discussion starting at 5:30 p.m. at the New York State Judicial Institute on the law school campus, 84 North Broadway in White Plains. The event is free and open to the public, and a reception will be held a half-hour prior to the panel discussion.  The panel discussion will spotlight Baer’s new book, “Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law.” The book includes his controversial 1995 decision to suppress evidence of 80 pounds of heroin and cocaine worth more than $5 million that was obtained by stopping a car, after finding that the police did not have reasonable suspicion sufficient for the arrest. His decision prompted 200 members of Congress to demand that President Bill Clinton ask Baer to resign. Baer later reversed his ruling after the government presented a fuller case and the defendant took the stand.  One possible topic of the discussion is how the federal courts have come under attack this year by Republican presidential candidates. According to the New York Times, “Gov. Rick Perry of Texas favors term limits for Supreme Court justices. Representatives Michele Bachmann of Minnesota and Ron Paul of Texas say they would forbid the court from deciding cases concerning same-sex marriage. Newt Gingrich, the former House speaker, and former Senator Rick Santorum of Pennsylvania want to abolish the United States Court of Appeals for the Ninth Circuit, calling it a ‘rogue’ court that is ‘consistently radical.’” The Supreme Court has been the target of liberal criticism as well, following its ruling in Citizens United vs. Federal Election Commission, which lifted a national ban on corporate spending in political campaigns by finding that such spending was protected free speech.


Anonymous said...

Occupy the Courts should be there IN FORCE !!!!

Anonymous said...

Maybe we could just send the sane ones. Whats that about 10 % ?

Anonymous said...

Will the public be allowed to speak?

Mike Hense said...

is anyone here planning on attending...


Anonymous said...

Pace is the 'Mafia' law school of convenience - It's Gumba Heaven

Disgusted said...

Independence quickly becomes unaccountability. We want the rule of law,not the ideology or corruption of the judge. Are our courts corrupt,broken and need reform? Yes. Should politicians start reform? Yes. Can't find ten judges who have come out against the court corruption? Find five judges who came out against the corruption? So, there aren't even five honest judges who speak out against judicial corruption and these same judges should be made even more unaccountably independent?

Anonymous said...

The sad thing I remember about Judge Baer was the case cited in this story.

Rudy Giuliani started the wave of crticism against Baer and the rest of it followed.

From my perspective, and I only knew what I read it the newspaprs it appeared to me that Judge Baer was dead wrong in his initial decision. But what I do know is when Baer changed his decision because of the criticisms leveled against that decision was ABSOLUTELY WRONG!

I have no problem with any judge reversing their own decisions if they believe it was wrong. It takes a great man/woman and a Judge to admit they made a mistake.

A couple of years ago there was a 7 month bench trial before a NYS Supreme Court judge. The defendant was convicted. After 440 motions were filed and other motions that sought to have the verdict overturned and after the judge reviewed those motions he reversed his own decision. That, my friends took an incredible amount of guts.

These are the kind of judges we need, and not the political panderers that try to please those that have influence over his judgeship.


Anonymous said...

I recently had occasion to review a decision rendered by federal judge Edward Korman where he denied a Writ of Habeas Corpus for a defendant in a murder case. A very well publicized murder case that brought out the worst of our cops and politicians. As I write this message I am reminded of the Judge Baer post. I am reminded of it because Giuliani had a hand in both cases.

Judge Korman denied the Writ. I am not a lawyer but I did know a lot about the case. I wrote him a 7 page letter detailing for him the error of his ways. He all but parroted the words of the Queens DA. IMHO, he went into that case with the intentions of finding a way to deny the Writ. He just simply ignored the facts and only added his illogical version of the case facts.

What I didn;t know when I read the decision and when I wrote to him is that the 2nd Circuit Court of Appeals had also reviewed the case on appeal. They sent it back to Judge Korman because they found Korman's conclusions lacking as to the law and the facts. It was a scathing rebuke of his work.

So what did Korman do? He kept the case on his desk for longer than necessary and he denied the Writ again by using essentially the same language he used for the initial denial.

Many judges just don't like to be admit they are wrong. A federal judge is even more suspectible to arrogance and ego that a state judge, in my opinion.

Anonymous said...

Mike Hense, Rich "K" has been reaching out for you, please contact him if you can - a friend of Sunny's

Anonymous said...

Did anyone attend and if so what was the bottom line? The liars for hire must have packed the place, after all they all have to, it's the right thing to do .......

JimmyTwoEyes said...

Dat'sa 'Goombah
(1)a close friend or associate -- used especially among Italian-American men
(2)a member of a secret chiefly Italian-American crime organization
(3)a macho Italian-American man
(4)pal or companion
(5)character in mario bros
(6)in law: fugetaboutit
The way New yawka's say for get about it. Esp around Nyc,Queens,Brooklyn,Bronx,Staten Isle,Lawn Guyland and the New York State Unified Court System.

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:

               Video of 1st Hearing on Court 'Ethics' Corruption
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