Harold Baer, Jr. (born 1933 in New York, New York) is a Federal District Judge in the Southern District of New York. He received his BA from Hobart College in 1954, where he was a member of Phi Beta Kappa. He received his LLB from Yale Law School in 1957.
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Baer's legal career began as an assistant to the General Counsel of Greater New York Mutual Insurance in 1958. He was then Assistant Counsel to the New York State Commission on the Governmental Operations of the City of New York (1959–60) and New York State Commission of Investigation (1960–61). From 1961 to 1967 he was an Assistant United States Attorney in the Southern District of New York. He then served as Executive director, Civilian Complaint Review Board New York City Police Department from 1967-1968 before going back to the US Attorney's office as the head of the Chief Criminal Division from 1970 to 1972. He was then an adjunct professor at New York Law School from 1974-1983.
Baer was elected to serve in the New York Supreme Court for New York County in 1982 and served until 1992. He was then Executive Judicial Officer for the Judicial Arbitration and Mediation Service, Inc from 1992 to 1994. He was nominated by President Bill Clinton to the United States District Court for the Southern District of New York on April 26, 1994, to fill a seat vacated by Robert W. Sweet. He was confirmed by the United States Senate on August 9 and received his commission the next day. He attained senior status September 8, 2004.
Judge Baer found his judicial career in a firestorm in 1996 when he issued an opinion that suppressed evidence in a drug case in the case of US v. Bayless, 913 F. Supp. 232 (SDNY 1996). The Judge suppressed the cocaine and heroin that was found in the car as well as the incriminating statements of the defendant saying there was no reasonable suspicion for the police officers to stop the car in the first place. He questioned the testimony of the police officer and credited the conflicting testimony of the defendant. There was public outrage against the decision, and President Clinton even talked of trying to get Judge Baer to resign. Republicans in Congress talked about possible impeachment of Judge Baer. Ultimately, in a move that was criticized as hurting the independent nature of the judiciary, the Judge issued an opinion that reversed his earlier decision and found that there was reasonable suspicion to stop the car and question the occupant. The judge placed the blame on the prosecution for not bringing out enough information which would have aided his initial opinion. See US v. Bayless, 921 F. Supp. 211 (SDNY 1996). Vanderbilt Television News Archive
Baer has stirred controversy by requiring "evidence" of racial and sexual diversity among counsel selected to provide representation in class action lawsuits. In a 2007 order, Baer wrote, "I believe it is important to all concerned that there is evidence of diversity, in terms of race and gender, of any class counsel I appoint."[1] For his insistence on plaintiff diversity he has been accused of "using his judicial authority to pursue his own personal socio-political agenda."[2] He is alone among federal judges in issuing advisories about the racial and sexual composition of legal counsel, and cites no other precedent for his orders than his own prior orders.[3] On March 30, 2011 when Baer signed an order granting class-action status to a lawsuit against Sirius XM Radio, he commanded that plaintiffs' counsel "should ensure that the lawyers staffed on the case fairly reflect the class composition in terms of relevant race and gender metrics."[4] Among the attorneys critical of Judge Baer's diversity orders is Stuart Grant, founder of class-action firm Grant and Eisenhofer, who said, "I think the judge's heart is in the right spot, but I don't think he has the authority and I don't think he's going to accomplish the goal he's trying to achieve." Despite his anomalous issuance of diversity orders, Baer has said, "This never seemed so outlandish to me."[5]