| Ban on
Felons from
Juries in NYC
Is Targeted in
SDNY Suit Now
Standing
Briefs Through
April
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
Jan 31 –
What does a
"jury of one's
peers" mean? A
new case filed
in the U.S.
District Court
for the
Southern
District of
New York asks
for an answer,
under the U.S.
Constitution.
It
seeks to block
Manhattan
state court
officials from
enforcing a
state law
permanently
barring people
with past
felony
convictions
from serving
on juries,
saying the ban
violates the
Sixth
Amendment
right to trial
by jury and
the 14th
Amendment's
guarantee of
equal
protection.
Section
510(3) of the
N.Y. Judiciary
Law for now
disqualifies
people
convicted of
felonies from
serving on
juries, no
matter the
offenses or
how long ago
the
convictions
occurred.
The
Complaint gets
historical,
and Bronx-y:
"In the
aftermath of
the murder of
Amadou Diallo
in February
1999 by
members of the
NYPD Street
Crimes Unit,
the New York
State Attorney
General
investigated
the NYPD’s
stop-and-frisk
practices
(particularly
those of the
Street Crimes
Unit)."
In
SDNY, the case
has been
assigned to
Judge Naomi
Reice
Buchwald.
On
January 31,
2023, Judge
Buchwald issued
this: "from
Naomi Reice
Buchwald,
United States
District Judge
dated
1/31/2023 re:
The Court's
letter of
January 20,
2023 was
explicit: the
threshold
issue of
standing was
to be briefed
first and
separately.
While the
Court did not
wish to create
undue pressure
on counsel, it
is
inconceivable
that both
parties have
not given this
issue careful
thought
already, and,
thus, the
proposed
briefing
schedule is
puzzling.
Since
counsel's
proposal is
not
acceptable,
the Court
directs that
defendants'
moving brief
on standing
alone be
submitted on
February 27,
2023;
plaintiffs'
answering
brief be
submitted on
March 28,
2023; and
defendants'
reply be
submitted on
April 11,
2023. Very
truly yours.
(Brief due by
3/28/2023.
Reply to
Response to
Brief due by
4/11/2023.
Responses to
Brief due by
3/28/2023.)
(Signed by
Judge Naomi
Reice Buchwald
on
1/31/2023)."
It
is Justin et
al v.
Tingling,
22-cv-10370
(Buchwald)
***
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