He then served as Executive director, Civilian Complaint Review Board New York City Police Department from 1967 to 1968 before going back to the United States Attorney's office as Chief of the Criminal Division from 1970 to 1972.
Although his decision was reversed by the Appellate Division, the Court of Appeals agreed with him in the landmark case of Braschi v. Stahl Associates Co.
At the hearing, Judge Baer found that based on the testimony of the junior officer who claimed to have witnessed a drug transaction and the videotaped confession of the defendant, Carolyn Bayless, the police did not have reasonable suspicion sufficient for the arrest.
In response to this ruling, two hundred members of Congress wrote to President Bill Clinton demanding that he seek Judge Baer’s resignation.
In the end, Judge Baer reversed his ruling following a rehearing during which the government presented a fuller case and the defendant inexplicably took the stand.
For requesting evidence of racial and gender diversity among counsel selected to provide representation in class action lawsuits, Judge Baer has been accused of "using his judicial authority to pursue his own personal socio-political agenda.
The case and Judge Baer's class action diversity practice then came before the US Supreme Court, where in denying a petition for writ of certiorari, Justice Samuel Alito, concurring in the denial, nonetheless issued a decision criticizing Judge Baer's practices, for various stated reasons, warning "the meaning of the Court's denial of the petition should not be misunderstood."
Notwithstanding the criticism from Justice Alito, district courts have continued to follow the precedent set by Judge Baer in considering diversity in the selection of class counsel.