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Misconduct Report: November 2014

Shira Scheindlin

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Shira Scheindlin
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Current Court Information:
United States District Court for the Southern District of New York
Title:   Senior Judge
Station:   New York, NY
Service:
Appointed by:   Bill Clinton
Active:   09/29/2004-8/16/2011
Senior:   8/16/2011-Present
Preceded by:   Louis Freeh
Succeeded by:   Lorna Schofield
Past post:   Eastern District of New York, Magistrate Judge
Past term:   1982 - 1986
Personal History
Born:   1946
Hometown:   Washington, D.C.
Undergraduate:   University of Michigan, B.A., 1967
Law School:   Cornell Law, J.D., 1975
Grad. School:   Columbia U., M.A., 1969

Shira A. Scheindlin is a federal judge serving on senior status for the United States District Court for the Southern District of New York. She joined the court in 1994 after being nominated by President Bill Clinton. Prior to her appointment to the federal bench, Scheindlin was in private practice in New York City from 1990 to 1994. She assumed senior status on August 16, 2011.[1]

Early life and education

Born in Washington, D.C., Scheindlin graduated from Michigan with her bachelor's degree in 1967 and later from Columbia-New York with her Master's degree in 1969. Scheindlin obtained her J.D. degree from Cornell Law in 1975.[1]

Professional career

  • 1990-1994: Private practice, New York City
  • 1986-1990: Private practice, Short Hills, New Jersey
  • 1983-1994: Adjunct Professor, Brooklyn Law School
  • 1981-1982: General Counsel, New York City Department of Investigation
  • 1977-1981: Assistant U.S. Attorney, Eastern District of New York
  • 1976-1977: Law clerk, Hon. Charles Brieant, Southern District of New York
  • 1975-1976: Private practice, New York City[1]

Judicial career

Southern District of New York, Magistrate

Scheindlin was a federal magistrate judge for the Eastern District of New York from 1982 to 1986.[1]

Southern District of New York

On the recommendation of U.S. Senator Daniel Patrick Moynihan, Scheindlin was nominated to the United States District Court for the Southern District of New York by President Bill Clinton on July 28, 1994, to a seat vacated by Louis Freeh. Scheindlin was confirmed by the Senate on September 28, 1994, on a majority vote and received commission on September 29, 1994.[2] She assumed senior status on August 16, 2011.

Notable cases

Judge strikes down NYPD "stop-and-frisk" tactics (2013)

     United States District Court for the Southern District of New York ([Part 1, Part 2, Part 3 Floyd v. City of New York], 08 Civ. 1034)

In August 2013, Judge Scheindlin ruled that the New York Police Department's (NYPD) "stop-and-frisk" rule, which the NYPD credited with saving lives, disregarded the Fourth and Fourteenth Amendments. Judge Scheindlin also found that officers used racial profiling during the process, unfairly targeting minorities.[3]

The judge didn't rule out use of the program in the future, since the stop-and-frisk procedure was ruled constitutional in some circumstances previously by the Supreme Court of the United States (in Terry v. Ohio in 1968). However, Judge Scheindlin suggested steps to make the process more equitable, including a pilot project where police officers wear body cameras to record interactions and the solicitation of public feedback on the program.[4][5]

Update One

In October 2013, the Second Circuit removed Judge Scheindlin from Floyd v. City of New York and put the remedies proposed by the judge on hold. The previous court order was stayed until an appeal was heard by the panel. [6]

Judge Scheindlin was removed from the case as a result of interviews with the media in May 2013 which made the court question her impartiality. In response to the accusation that she violated the Code of Conduct for federal judges, Scheindlin said:

The interviews . . . were conducted under the express condition that I would not comment on the Floyd case. I did not. Some of the reporters used quotes from written opinions in Floyd that gave the appearance that I had commented on the case. However, a careful reading of each interview will reveal that no such comments were made.[7] [8]

Update Two

On November 22, 2013, a three-judge panel of the Second Circuit, composed of Judge Jose Cabranes and Senior Judges John Walker and Barrington Parker, refused in a per curiam decision to vacate Judge Scheindlin's prior ruling which struck down the NYPD's stop-and-frisk policy. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. Judge Scheindlin's groundbreaking "stop-and-frisk" decision still stands.[9]

Banks artificially inflate tech bubble IPO (2009)

     United States District Court for the Southern District of New York (In Re: Initial Public Offering Securities Litigation, 21 MC 92 (SAS))

Judge Scheindlin presided in a class-action lawsuit over 309 cases in which shareholders of tech stocks accused underwriters of artificially inflating the value of stock in technology companies that went public in the 1990s. The judge approved a settlement of $586 million. The defendants include, among others, Credit Suisse First Boston Corp., The Goldman Sachs Group, Inc., Morgan Stanley Dean Witter & Co., and Salomon Smith Barney, Inc. The tech burst happened in 2000 after many technology-laden stocks crashed after evidence was found that stock brokers issued false information that misled investors.[10]

See also

External links

References

Federal judicial offices
Preceded by:
Louis Freeh
Southern District of New York
2004–2011
Succeeded by:
Lorna Schofield


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