Comments on: NYCLU wins case to open Transit Adjudication hearings http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/ A New York City Subway Blog Mon, 13 Feb 2012 20:24:19 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TAB tabbed for lack of translators :: Second Ave. Sagas http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/#comment-98128 TAB tabbed for lack of translators :: Second Ave. Sagas Fri, 24 Sep 2010 19:16:24 +0000 http://secondavenuesagas.com/?p=4654#comment-98128 [...] the NYCLU has challenged part of the TAB process. Late last year, the group won a legal fight to open up the hearings. The MTA has so far declined to comment on this current matter. Categories : Asides, New York [...] [...] the NYCLU has challenged part of the TAB process. Late last year, the group won a legal fight to open up the hearings. The MTA has so far declined to comment on this current matter. Categories : Asides, New York [...]

]]> By: AK http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/#comment-69003 AK Wed, 30 Dec 2009 15:23:40 +0000 http://secondavenuesagas.com/?p=4654#comment-69003 It's not about the Defendant's rights, Andrew. It is about the public's rights to view the trial-like proceeding and act as a watchdog for overzealous/race-based action by the NYPD. Parties to a trial frequently want privacy (see the Palin/Johnston custody dispute currently), but the public's right to view proceedings trumps in almost all circumstances (save for testimony by minor victims of incest and certain other very limited scenarios (including sensitive national security information)). Overall, this will be a huge net positive for defendants, because organizations like the NYCLU (my employer) will have the opportunity to watch the hearings, report on their deficiencies, and improve due process rights for defendants. It’s not about the Defendant’s rights, Andrew. It is about the public’s rights to view the trial-like proceeding and act as a watchdog for overzealous/race-based action by the NYPD. Parties to a trial frequently want privacy (see the Palin/Johnston custody dispute currently), but the public’s right to view proceedings trumps in almost all circumstances (save for testimony by minor victims of incest and certain other very limited scenarios (including sensitive national security information)).

Overall, this will be a huge net positive for defendants, because organizations like the NYCLU (my employer) will have the opportunity to watch the hearings, report on their deficiencies, and improve due process rights for defendants.

]]> By: Andrew http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/#comment-68952 Andrew Wed, 30 Dec 2009 02:41:31 +0000 http://secondavenuesagas.com/?p=4654#comment-68952 I'm confused. If I'm reading this correctly, in the past, the defendant has had the choice of an open or a closed trial. Now, there's no choice; the trial will be open, whether the defendant likes it or not. So how is this good for the defendant? If a defendant wants an open trial, this makes no difference; if he would prefer a closed trial, he can't have one anymore. What am I missing? I’m confused.

If I’m reading this correctly, in the past, the defendant has had the choice of an open or a closed trial. Now, there’s no choice; the trial will be open, whether the defendant likes it or not.

So how is this good for the defendant? If a defendant wants an open trial, this makes no difference; if he would prefer a closed trial, he can’t have one anymore.

What am I missing?

]]> By: Ray http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/#comment-68914 Ray Tue, 29 Dec 2009 12:44:22 +0000 http://secondavenuesagas.com/?p=4654#comment-68914 Great post Ben. Perhaps the "sunlight" on TAB and NYCTP activities will contribute to a call for improvement in the articulation of the rules of conduct. It would be worthwhile for an independent body to study how many riders fully understand them and are deliberately mindful. Great post Ben. Perhaps the “sunlight” on TAB and NYCTP activities will contribute to a call for improvement in the articulation of the rules of conduct. It would be worthwhile for an independent body to study how many riders fully understand them and are deliberately mindful.

]]> By: Sarah http://secondavenuesagas.com/2009/12/29/nyclu-wins-case-to-open-transit-adjudication-hearings/#comment-68911 Sarah Tue, 29 Dec 2009 09:42:55 +0000 http://secondavenuesagas.com/?p=4654#comment-68911 Nice disclosure of potential conflict of interest. After you graduate, will you have to disclose if there are NYU Law alums working on a case you blog about? Nice disclosure of potential conflict of interest. After you graduate, will you have to disclose if there are NYU Law alums working on a case you blog about?

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