Law vs. Order

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Gothamist has been following the tempest-in-a-policeman's-coffee-mug story of Justice Laura D. Blackburne since late last week, when it turned out that Justice Blackburne let a drug dealer evade arrest. A detective was waiting to arrest Derek Sterling for a robbery case after Sterling's routine update hearing; Justice Blackburne stated:
"I understand that there is a detective on the premises who has some reason to believe that he ought to arrest you...I resent the fact that a detective came to this court under the ruse of wanting to ask you questions when, in fact, he had it in his head that he wanted to arrest you. If there is a basis for him arresting you, he will have to present that in the form of a warrant. I'm not trying to keep you from being arrested. I'm trying to keep you from being arrested today in my courtroom based on obvious misrepresentation on the part of the detective."
And then she allowed the suspect to leave through a side door (he was arrested the next day). That just seems...nutty. But we think we see the judge's point. Then again, we do feel the police were trying to do their job, so we don't know! The police union, Police Commissioner Raymond W. Kelly, the detectives' union, court officer's union, all had a fit, asking for her to removed and for an investigation to occur, and yesterday, Justice Blackburne agreed to be transferred to from criminal court to civil court. The judge, though, has many supporters, including Lt. Eric Adams from 100 Blacks in Law Enforcement Who Care and Ron Kuby, who feel that the judge is simply doing her job and not cowing to the police. Kuby also points out "This is a complete failure of the judiciary to preserve its own independence in the face of an attack by the police union and the court officers' union. Typically, my clients are first charged, then tried, then punished if found guilty. Apparently there's a new system for judges, where they get punished first as long as the P.B.A. is demanding it." Ah, Ron Kuby - he's one tenth the man William Kunstler was, but Gothamist still enjoys his flamboyance.

Part of the problem for Justice Blackburne is that she has a history of aggravating the police. The Daily News details some of Blackburne's political missteps, including the $341,000 in decorations of her offices at the Housing Authority. Plus a profile of Blackburne and some her notable cases. Anyway, we'll wait for this to be ripped from the headlines to be a Law & Order episode. Gothamist isn't too familiar with judges aside from Judge Judy or Judge Harry Stone from Night Court; we're pretty sure Judge Stone wouldn't let a suspect evade the police, considering how scary Bull could be.

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Comments (16) [rss]

Do you realize that judges fall asleep during trials and the attorneys are afraid to wake them up?

I have been in court when a judge fell asleep and the attorneys just keep on with their arguments, afraid to wake up the judge.

The only judges anyone in the press usually dares to write about are Black Judges. From what I have read, the only federal judge EVER impeached was a Black Judge in the south.

No cop in New York City would dare say anything that could remotely be viewed as insulting to a White Judge in New York City.

I even read a news report that there had been about twenty complaints against the Brooklyn Judge now on trial. All of those complaints were dismissed by the commission that investigates judges. In fact, according to reports, the commission's structure was changed immediately after all of the complaints filed against the judge came to light.

I haven't yet mentioned all of the judges who own stock in the companies that are defendants in cases the judges are hearing.

She should thank her lucky stars that she didn't do this while Guliani was in office.

She would have been summarily shot by the bald nazi.

She should thank her lucky stars that she didn't do this while Guliani was in office.

She would have been summarily shot by the bald nazi.

I think the perception is that Black Judges in criminal court are not sending enough Blacks to prison fast enough.

The whole concept of a cop being able to take down a Judge is something that could only happen in New York City, and it is only something a White Cop could do to a Black Judge.

All of the other Black Judges trying criminal cases have to know that if a cop can take them down that a prosecuting attorney sure as hell can as well.

Heh. Derek's no relation that I'm aware of.

What's the rule on arresting a judge? She's clearly complicit in the attempted flight of a wanted violent felon. Kick her off the bench and disbar her.

And Peter, that black judge in the south who was impeached later became a US Congressman. His name is Alcee Hastings, and the crooked bastard still sits in the House of Representatives. Judge Walter Nixon of Mississippi was impeached that same year, and I believe he's white. Impeachment of federal judges is rare, but it happens.

on my home world, anything an agent of the state does in performance of his official duties is protected (i.e. the agent cannot be prosecuted).

As a recall, a judge assaulted someone who was a party to a case before him and he was found immune. An employee of the government was found immune for assaulting a subordinate during a performance evaluation. A government employe shrink was found immune for releasing a mental patient who subsequently beheaded a child in his hotel room. AND,

It seems to be that detaining someone who has NOT yet been arrested would qualify (in some circles) and unlawful imprisonment. But hey, this is New York City, a city where White Trash like Giuliani is considered a hero.

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Police officers wait outside courtrooms all the time to arrest individuals (more often than not because they know they'll actually find the individual there). Arrests never occur inside the courtroom itself. Very often, as a courtesy to the judge, the officer(s) will inform the judge about the impending arrest. This is sometimes so the judge will inform the court officers so the safety of the other people in the courthouse is not even remotely put at risk.

What Justice Blackburne did was unconscionable. Regardless of political bent/background, the vast majority of judges condemn actions such as hers. It not only undermines the perception of courts, but potentially puts residents at risk.

Although I have disagreed with Sterling in the past, I agree with him on this. She should be removed from the bench she is not fit to sit on.

As an aside vis a vis Sterling. Although as I noted I have disagreed with his view in the past, he is always knowledgeable on the subjects he writes about, thoughtful in his remarks, and almost genteel in reacting to less mannered foes. Thought a 'thank you for your remarks' was way over due.

Peter - On my homeworld there are these things called "laws" which regulate whether someone can claim legal immunity for "just doing my job". I am sure there are rules about what judges are and are not permitted to do and still claim immunity from prosecution. And I am equally sure they will be followed in this case.

The shrink you don't cite probably was found to have been acting "in good faith". It's unlikely that a judge who conspired to help a violent felon escape police custody could make that claim - especially since the matter before her court was unrelated to the other matter. She simply, maliciously interfered.

Peter Everhard needs a reality check. Remember, this is the same guy who lavished praise on Jason Calcanis and called him a genius.

First, at least eleven federal judges--almost all of the white--have been impeached, not just one "Black Judge in the south." see http://air.fjc.gov/history/topics/topics_ji_bdy.html

I don't have time to respond to all the other paranoid and slightly crazy inaccuracies in Everhard's comments, but it is clear that his "home world" is not the United States of America, or even probably the planet Earth. The overwhelming majority of judges in this country are smart, ethical civil servants who are committed to their jobs and who generally do an excellent job.

Anyway, I also agree with Mase's comments. Jen, how is it that you can't decide who is right on this one? Take a stand. For someone who idolizes Law and Order, you seem to have a weak grasp of how law and order really works.

I just re-read one of Peter's comments: "The only judges anyone in the press usually dares to write about are Black Judges. From what I have read, the only federal judge EVER impeached was a Black Judge in the south."

Well, that's probably because your reading is probably limited to A.N.S.W.E.R. and International Solidarity Movement pamphlets. It takes two seconds to type "federal judge impeachment" into google. The second hit lists thirteen federal judges who have been impeached. It's that easy to inform yourself and get a little perspective.

well, if the NYPD has immunity to kill Black Men, can't a little ole Black Women help a brother out here and there?

The bigger issue is not about Black Judges and non-White New Yorkers (who apparently are all criminals are soon to be criminals), the bigger issue is "why are you all still here?". Didn't God create the suburbs for White Trash losers?

I hear that the state is taking sugggestions on how to best use Governor's Island, why doesn't Gothamist start a campain to turn the island into White Trash Island?

Peter - The first rule of holes: when you find yourself in one, stop digging.

actually, I don't think that White Trash Island is in keep with the "spirit of New York City".

I think Fort White Trash would be more appropriate. All things White Trash (i.e. Broadway) could be move there and to Staten Island.

If ever a complete douchebag cocksuc*er lunatic deserved to be banned from comments, it's Peter "Ghetto Conspiracy" Everhard.

Peter, you know, you don't realize this, but you're the problem. Not "white trash" or "racist" cops or any of the other crap you spout. It's YOU. You are the racist here. You're the kind of trash that keeps the black race down.

"well, if the NYPD has immunity to kill Black Men, can't a little ole Black Women help a brother out here and there?"

You're an idiot, Peter. That comment doesn't even deserve a reply.

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