During last week’s NOSSCR conference in Washington, I attended the meeting for attorneys from the Second Circuit. At one point, Emilia Sicilia briefly discussed the Padro class action, including that the Queens Five will be monitored for 30 months.
The obvious question that arose was what happens if the monitoring reveals a problem. Since Ms. Sicilia noted that there has been no change in the way that ALJ Strauss behaves, I asked what happens if during the 30 month period there is no change? I also asked what would happen if after the 30 months the Queens Five revert to their pre-Padro ways? Ms. Sicilia’s response was a shrug of the shoulders.
If you are troubled by Ms. Sicilia’s response, then you may want to consider asking for an explanation on July 24, 2013, which is the date the court has scheduled a fairness hearing.