- New Jersey Judge James Troiano has resigned after facing criticism for ruling that a teenage boy accused of rape should not be tried as an adult because he was from a “good family” and had good grades.
- An appellate court overturned the ruling and made the decision public, prompting widespread outrage, protests, and numerous lawmakers to call for Troiano’s resignation. It was also reported that Troiano and his family received threats of violence.
- Troiano’s resignation was announced by the state’s Supreme Court, which also said that they were starting the proceedings to remove Judge John Russo, who asked a woman if she had closed her legs to try to prevent an alleged sexual assault.
- The state’s Supreme Court has ordered a new initiative to enhance the training of judges in the areas of sexual assault, implicit bias, and more.
Judge Troiano Steps Down
A New Jersey judge who recommended that a 16-year-old boy accused of rape get leniency because he was from a “good family” resigned, according to an order from the New Jersey Supreme Court issued Wednesday.
In 2018, Monmouth County Judge James Troiano denied a waiver that would have allowed the teenage boy to be tried as an adult.
The teenager was accused of raping an intoxicated girl at a party, recording it, and then sending the recording to multiple people with the caption “when your first time is rape.”
Troiano argued that the defendant should not be tried as an adult because he had good grades and was from a good family.
He also said he did not think the incident was a “traditional case of rape,” which he defined as “two or more generally males involved, either at gunpoint or weapon, clearly manhandling a person.”
Troiano’s decision was later overturned by an appellate court, which made the ruling public in June.
Troiano has already been retired since 2012, but had continued to hear cases part-time. According to the order from the New Jersey Supreme Court, Troiano requested to step down effective immediately, and the court agreed.
Protests & Calls for Resignation
After Troiano’s decision was made public, he was met with widespread criticism and condemnation.
Numerous elected officials in New Jersey called for Troiano to resign or be removed from the bench, and petitions calling for his impeachment were circulated.
It was also reported that Troiano and his family had received phone calls and emails threatening violence. According to The New York Times, Troiano also received death threats.
On July 11, protestors gathered outside the Monmouth County Courthouse to call for the resignation of Troiano and Judge Marcia Silva, who ruled that a 16-year-old boy accused of assaulting a 12-year-old girl should not be tried as an adult because the “offense is not an especially heinous or cruel offense.”
Silva’s decision was overturned by the same appellate court.
Judge John Russo
The state’s Supreme Court also announced that it was beginning proceedings to remove Judge John Russo, who asked an alleged victim if she had closed her legs to try to prevent being sexually assaulted.
“Because of the seriousness of the ethical violations here, it is appropriate for the Court to consider the full range of potential discipline, up to and including removal from office,” Justice Stuart Rabner, the chief justice of the Supreme Court of New Jersey wrote in the order.
According to NBC News, the state’s Supreme Court is seeking a harsher punishment for Russo after a judicial ethics commission recommended three-month unpaid suspension earlier this year.
Russo has said he was just trying to get more information from the alleged victim.
NBC also reported that Russo had been reassigned to another county court in December, and will have until next month to contest his removal in front of a panel of state Supreme Court judges.
He will be suspended without pay during the process.
New Jersey Gov. Philip Murphy released a statement on Wednesday applauding the state Supreme Court’s decision.
“Unfortunately, the inexcusable actions of several judges over recent months have threatened this reputation for thoughtful and reasoned opinion, and common decency,” Murphy said. “I am gratified that Judge Troiano will no longer sit on the bench and that removal proceedings will begin against Judge Russo.”
However, last week, New Jersey’s top public defender, Joseph Krakora, defended Troiano and Silva in a rare public statement.
“Vilifying or seeking the removal of judges who make unpopular or even erroneous decisions threatens the independence of the judiciary,” he said. “Judges are simply lawyers entrusted with the responsibility of deciding difficult cases.”
“Litigants sometimes feel that their decisions are incorrect or unfair. That is why we have appellate courts,” he continued.
The New Jersey Supreme Court also ordered a new initiative Wednesday to improve how judges are trained to address sexual assault and domestic violence, as well as diversity and implicit bias.
See what others are saying: (The New York Times) (NBC News) (USA Today)
Florida School Says Students Vaccinated Against COVID-19 Must Stay Home for 30 Days
The school falsely claimed that people who have just been vaccinated risk “shedding” the coronavirus and could infect others.
Centner Academy Vaccination Policy
A private school in Florida is now requiring all students who get vaccinated against COVID-19 to quarantine for 30 days before returning to class.
According to the local Miami outlet WSVN, Centner Academy wrote a letter to parents last week describing COVID vaccines as “experimental” and citing anti-vaccine misinformation.
“If you are considering the vaccine for your Centner Academy student(s), we ask that you hold off until the Summer when there will be time for the potential transmission or shedding onto others to decrease,” the letter reportedly stated.
“Because of the potential impact on other students and our school community, vaccinated students will need to stay at home for 30 days post-vaccination for each dose and booster they receive and may return to school after 30 days as long as the student is healthy and symptom-free.”
The Centers for Disease Control and Prevention (CDC) has debunked the false claim that those newly vaccinated against COVID-19 can “shed” the virus.
According to the agency’s COVID myths page, vaccine shedding “can only occur when a vaccine contains a weakened version of the virus,” but “none of the authorized COVID-19 vaccines in the United States contain the live virus that causes COVID-19. This means that a COVID-19 vaccine cannot make you sick with COVID-19.”
In fact, early research has suggested that vaccinated people are less likely to spread the virus than unvaccinated people.
Beyond that, unvaccinated people are more likely to spread COVID in general because they are much more likely to get the virus than vaccinated people. According to recently published CDC data, as of August, unvaccinated people were six times more likely to get COVID than vaccinated people and 11 times more likely to die from the virus.
Centner Academy Continues Spread of Misinformation
In a statement to The Washington Post Monday, Centner Academy co-founder David Centner doubled down on the school’s new policy, which he described as a “precautionary measure” based on “numerous anecdotal cases that have been in circulation.”
“The school is not opining as to whether unexplained phenomena have a basis in fact, however we prefer to err on the side of caution when making decisions that impact the health of the school community,” he added.
The new rule echoes similar efforts Centner Academy has made that run counter to public health guidance and scientific knowledge.
In April, the school made headlines when its leadership told vaccinated school employees that they were not allowed to be in contact with any students “until more information is known” and encouraged employees to wait until summer to get the jab.
According to The New York Times, the following week, a math and science teacher allegedly told students not to hug their vaccinated parents for more than five seconds.
The outlet also reported that the school’s other co-founder, Leila Centner, discouraged masking, but when state health officials came for routine inspections, teachers said they were directed in a WhatsApp group to put masks on.
See what others are saying: (WSVN) (The Washington Post) (Business Insider)
Katie Couric Says She Edited Ruth Bader Ginsburg Quote About Athletes Kneeling During National Anthem
Couric said she omitted part of a 2016 interview in order to “protect” the justice.
Kate Couric Edited Quote From Justice Ginsburg
In her upcoming book, journalist Katie Couric admitted to editing a quote from Supreme Court Justice Ruth Bader Ginsberg in 2016 in order to “protect” Ginsberg from potential criticism.
Couric interviewed the late justice for an article in Yahoo News. During their discussion, she asked Ginsburg about her thoughts on athletes like Colin Kaepernick kneeling for the national anthem to protest racial inequality.
“I think it’s really dumb of them,” Ginsburg is quoted saying in the piece. “Would I arrest them for doing it? No. I think it’s dumb and disrespectful. I would have the same answer if you asked me about flag burning. I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it. I would point out how ridiculous it seems to me to do such an act.”
According to The Daily Mail and The New York Post, which obtained advance copies of Couric’s book “Going There,” there was more to Ginsburg’s response. Couric wrote that she omitted a portion where Ginsburg said the form of protest showed a “contempt for a government that has made it possible for their parents and grandparents to live a decent life…Which they probably could not have lived in the places they came from.“
Couric Says She Lost Sleep Making Choice
“As they became older they realize that this was youthful folly,” Ginsberg reportedly continued. “And that’s why education is important.“
According to The Daily Mail, Couric wrote that the Supreme Court’s head of public affairs sent an email asking to remove comments about kneeling because Ginsburg had misspoken. Couric reportedly added that she felt a need to “protect” the justice, thinking she may not have understood the question. Couric reached out to her friend, New York Times reporter David Brooks, regarding the matter and he allegedly likewise believed she may have been confused by the subject.
Couric also wrote that she was a “big RBG fan” and felt her comments were “unworthy of a crusader for equality.” Because she knew the remarks could land Ginsburg in hot water, she said she “lost a lot of sleep” and felt “conflicted” about whether or not to edit them out.
Couric was trending on Twitter Wednesday and Thursday as people questioned the ethics behind her choice to ultimately cut part of the quote. Some thought the move showed a lack of journalistic integrity while others thought revealing the story now harmed Ginsburg’s legacy.
See what others are saying: (New York Post) (The Daily Mail) (Insider)
Biden Administration Orders ICE To Halt Workplace Raids
The Department of Homeland Security will now focus on targeting employers who exploit undocumented workers, instead of carrying out raids that dissuade those workers from reporting labor violations.
DHS Reverses Worksite Raid Policy
The Biden administration announced Tuesday that it was ordering Immigration and Customs Enforcement (ICE) to stop workplace raids.
The move marks a reversal from Trump administration policies that have been strongly criticized by immigration activists who argue the efforts created fear in immigrant communities and dissuaded them from reporting labor violations or exploitative employment practices.
In addition to stopping the raids, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said in a memo that the administration will refocus enforcement efforts to instead target “employers who exploit unauthorized workers, conduct illegal activities or impose unsafe working conditions.”
Mayorkas added that the immigration agencies housed in DHS will have the next 60 days to identify harmful existing policies and come up with new ones that provide better deportation protections for workers who report their employers.
In the Tuesday memo, the secretary argued that shift of focus will “reduce the demand for illegal employment by delivering more severe consequences to exploitative employers” and “increase the willingness of workers to report violations of law by exploitative employers and cooperate in employment and labor standards investigation.”
Labor Market Implications
The new policy comes at a time when the U.S. is experiencing a critical labor shortage, including in many sectors that rely on immigrant labor.
Some companies that use undocumented workers pay them wages that are far below the market rate, which is not only exploitative but also undercuts competitors.
According to Mayorkas, the pivot to employer-based enforcement will help protect American businesses.
“By exploiting undocumented workers and paying them substandard wages, the unscrupulous employers create an unfair labor market,” he said in the memo. “They also unfairly drive down their costs and disadvantage their business competitors who abide by the law.”
It is currently unclear how effective the new efforts will be, but historical precedent does not paint an optimistic picture.
The Biden administration’s efforts closely mirror a similar move by the Obama administration, which attempted to reverse workplace raids authorized under President George W. Bush by targetting those who employ undocumented workers rather than the workers themselves.
That effort, however, still led to thousands of undocumented workers being fired.