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Misconduct Report: November 2014

Michael D. Stallman

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Michael D. Stallman
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Current Court Information:
New York County Supreme Court, New York
Position:   Civil Court Judge; Acting Supreme Court Justice
Service:
Active:   1987 -Present; 1999 - 2016
Personal History
Party:   Democratic
Undergraduate:   City University of New York
Law School:   New York University School of Law
Michael D. Stallman is an acting justice for the New York County Supreme Court, Civil Term in the 1st Judicial District of New York. He was appointed to this position in 1999. He is also a judge of the New York City Civil Court and his current judicial term expires in 2016.[1][2]

Education

Stallman graduated from Stuyvesant High School in 1967. He received his B.A. degree from the City University of New York, City College in 1971 and his J.D. degree from the New York University School of Law in 1974.[1][3]

Career

  • 1970-1974: Legislative assistant for the Hon. Ted Weiss
  • 1974-1978: Assistant New York County District Attorney
  • 1978-1986: Principal law clerk for the Hon. Martin Evans
  • 1984-1985: Adjunct assistant professor of law at Baruch College of the City University of New York
  • 1985-1986: Taught at the Touro Law School
  • 1985-1987: Taught at the City University of New York Law School
  • 1988-1989: Taught again at the Touro Law School
  • 1990-1996: He taught at the Cardozo Law School[1]

Judicial career

Stallman began his legal career in 1986, when he was appointed to the New York City Civil Court. He was elected to this court the following year and was re-elected in 1997 and 2007. Since 1999, he has served as an acting justice of the New York County Supreme Court, New York.[1]

Publications

  • 14 Chapters in O. Chase, Weinstein-Korn-Miller CPLR Manual (2d ed.), Matthew Bender & Co., 1991-1998
  • Deferred Sentence: Common Law Alternative to Judge's Dilemma" (Co-author: M. Evans), New York Law Journal, 11/22/82, p. 1, col. 2; 11/23/82, p. 26, col. 1; 11/24/82, p. 6, col. 1; 11/26/82, p. 3, col. 1; 11/29/82, p. 4, col. 1; 11/30/82, p. 4, col. 1., 1982[1]

Memberships and associations

  • Chair on the Special Task Force on the New York State Constitution, Association of the Bar of the City of New York from 1996 to 1997
  • Chair on the Special Committee on Election Law, Association of the Bar of the City of New York from 1989 to 1992
  • Pro Bono Teaching for New York County Lawyers' Association from 1993 to present
  • Pro Bono Teaching for Cardozo Law School - Intensive Trial Advocacy Program from 1989 to present
  • Member on the Community Board 6 from 1984 to 1986
  • Small Claims Arbitrator for the Civil Court from 1981 to 1986
  • Member of the Committee on CPLR, New York State Bar Association from 1987 to present
  • Member on the Advisory Board of the Andrew Glover Youth Program from 1976 to present
  • Member of the New York County Lawyers' Association, Committee on Supreme Court from 2000 to present
  • Member of the New York County Lawyers' Association, Committee on Civil Court from 1994 to 1999
  • Member of the New York County Lawyers' Association, Committee on Professional Ethics from 1982 to 1992
  • Member with the Association of the Bar of the City of New York, Committee on State Legislation from 1982 to 1986[1]

Notable cases=====Occupy Wall Street Decision=

On November 15, 2011, New York City police cleared Zuccotti Park, the home of the Occupy Wall Street movement, of protesters and their encampments. This came almost two months after the protests began. Lawyers for a number of protesters immediately filed for a temporary restraining order, which would stop the city from evicting or arresting the "occupiers". Judge Lucy Billings granted a temporary injunction.[4] To see injunction: click here

Judge Stallman was chosen to hear the case later that day. Stallman reversed Lucy Billings' earlier injunction, ruling in favor of Mayor Michael Bloomberg, who had given the order for the eviction. Stallman's ruling said that protesters would be able to return to the park, but they would have to do so without their tents, sleeping bags, and other belongings.[5][6] Stallman wrote, “(the protesters) have not demonstrated that they have a First Amendment right to remain in Zuccotti Park, along with their tents, structures, generators and other installations to the exclusion of the owner’s reasonable rights and duties to maintain Zuccotti Park, or to the rights to public access of others who might wish to use the space safely.”[7]

"There is no ambiguity in the law here -- the First Amendment protects speech -- it does not protect the use of tents and sleeping bags to take over a public space."[5]
  • Occupy Wall Street attorney Alan Levine responded, saying:
“That right has along with it the attendant right to be protected from the elements. And since the city has no real reason to prevent people from bringing in sleeping bags and tents, constitutional rights ought to prevail, unfortunately, the judge disagreed.”[6]

See also

References

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