On Judicial Patience – NJ Law Journal Editorial Board

More on the 2d Circuit’s panel removing the trial judge in the NYPD stop and frisk challnge OTHERWISE: On Judicial Patience – NJ Law Journal Editorial Board.

Judicial confession of error—candidly stated—clears the air, but correction painting itself as clarification falls short.
The panel in its corrective order would have done well to acknowledge that it had fallen short of Canon 3, the commentary to which notes, “The duty to hear all proceedings fairly and with patience.” The panel’s dramatic order had a shelf life of only two weeks before the judges felt compelled to replace it with a “superseding” and “clarifying” order. Their “nostra sponte” initial order was an impulsive and injudicious intervention in an explosive issue on the eve of an election in which the contested policy was a major issue.

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