Judicial Ethics at the Second Circuit

A three judge panel on the Second Circuit made an extraordinary intervention to remove a district judge from a case last week. Anil Kalhan has some tough questions about the matter:

Both Judge Gertner and Judge Kopf have suggested that the bizarre nature and circumstances of the motions panel’s order raise questions about whether it is Judges Cabranes, Walker, and Parker, rather than Judge Scheindlin, who have “breached the rules” of judicial conduct. In a manner rich with irony, coming from a panel that had just faulted Judge Scheindlin for her application of the Southern District’s related cases rule, the three judges announced that, “[i]n the interest of judicial economy,” the motions panel would retain jurisdiction to hear the merits of the appeal “in due course,” rather than having that case randomly assigned to another panel. (“Evidently when it comes to related cases,” writes Professor David Cole, “what’s sauce for the district court is not sauce for the court of appeals.”)

The entire post is well worth reading.

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