NYCLA Supports a Fair Judicial Confirmation Process: Magistrate Judge Netburn Unfairly Attacked for Single Well-Considered Decision

NYCLA Supports a Fair Judicial Confirmation Process:
Magistrate Judge Netburn Was Unfairly Attacked
Based on a Single Well-Considered Decision

United States Magistrate Judge Sarah Netburn of the Southern District of New York has been nominated for a seat on the District Court. She has served as a Magistrate Judge for 12 years, rising to become the District’s Chief Magistrate Judge. There is broad agreement that Judge Netburn’s depth of experience
amply qualifies her to sit on the Southern District bench.

At her confirmation hearing late last month, Judge Netburn was attacked—we believe unfairly—by members of the Senate Judiciary Committee. The attacks focused on a single report and recommendation issued by Judge Netburn, which recommended granting the request of a transgender female inmate to be housed in a women’s facility. The request was supported by the District Judge who sentenced her, by prison wardens, by a number of prison staff, and by medical professionals. It was opposed by the Bureau of Prisons, subject to further monitoring such as for things like hormone levels, and possible reconsideration thereafter.

There is no doubt that this was a difficult and trying case. But it is equally true that Judge Netburn’s 48-page report and recommendation was thoughtful, scholarly, and well-reasoned. That is confirmed by the facts that the District Judge adopted the report and recommendation and the government declined
to seek further review. When evaluating a judicial nomination, a nominee’s career and qualifications should be considered as a whole. A judge should possess certain qualities, including a superior intellect, legal acumen, and an
even temperament—along with open-mindedness. Judge Netburn plainly possesses those qualities. She was attacked because she rendered a difficult decision in what was not then—but has now become—a politically-charged case.

NYCLA’s commitment to civility, fairness, and equality is longstanding. In line with that commitment, we do not believe that a single case—in which Judge Netburn’s thoughtful recommendation was ultimately accepted—should have become such a lightning rod for political attacks. While reasonable persons may disagree about the outcome of a case, that is not cause to disqualify an experienced, respected jurist from an appointment to the District Court.

About the New York County Lawyers Association

The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.