NEW YORK CRIMINAL BAR ASS'N v. NEWTON

No. 98 Civ. 4128(SHS).

33 F.Supp.2d 289 (1999)

NEW YORK CRIMINAL BAR ASSOCIATION, New York State Association of Criminal Defense Lawyers, Diarmuid White, Richard Ware Levitt, Russell M. Gioiella, Ira D. London, Murray Richman, Marvin E. Schechter, Joseph Tacopina, Jerry Vasquez and Coastal Oil New York Inc., Plaintiffs, v. The Honorable Juanita Bing NEWTON, as Administrative Judge for the First Judicial District, State of New York, Criminal Branch, the Honorable Joan Carey, as Deputy Chief Administrative Judge of the State of New York for the New York City Courts, and the Honorable Jonathan Lippman, as Chief Administrative Judge of the State of New York, Defendants.

United States District Court, S.D. New York.

January 13, 1999.


Attorney(s) appearing for the Case

Leon Friedman, New York City, NY, for plaintiffs.

John Elseman, New York City, NY, for defendants.


OPINION

STEIN, District Judge.

Plaintiffs in this action brought pursuant to 42 U.S.C. § 1983 allege that the New York County District Attorney controls the assignment of judges to try "high-profile" criminal cases in New York County and that that practice violates plaintiffs' right to due process of law, since, they allege, the D.A. selects jurists who "strongly" favor the prosecution. As set forth below, defendants' motion for judgment on the...

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