[Id. Disqualification of judge by reason of interest or consanguinity. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. ), Real Property - Other (Declaration of Title), 1 Your credits were successfully purchased. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] (iii) Notwithstanding any other provisions of law, requests for advisory opinions, advisory opinions issued by the panel to an individual judge or justice of the unified court system, and the facts and circumstances upon which they are based, shall be and remain confidential between the panel and the individual judge or justice making the request; provided, however, that the panel shall publish its advisory opinion and the facts and circumstances upon which it is based with appropriate deletions of names of persons, places and things which might tend to identify either the judge or justice making the request or any other judge or justice of the unified court system; and deliberations of the panel shall be and remain totally confidential. Adv. What is a motion to recuse? (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. [NY Jud. The Advisory Committee on Judicial Ethics (ACJE) has offered some guidance for identifying a substantial violation. In Opinion 06-99, examining whether the Rules required the inquiring judge to report a lawyer who had just lost a malpractice trial before a jury, the ACJE noted in language that parallels DR 1-103 that a substantial violation is one that implicates the attorneys honesty, trustworthiness, or fitness as a lawyer. [NY Jud. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). (H) "Member of the candidate's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. Editorial: Texas child porn crackdown reminds us of horrors that victims face. Adv. Adv. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. Adv. 07-04.] Adv. filed Aug. 1, 1972; renum. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). (A) Judicial Duties in General. Your content views addon has successfully been added. 95-121.]. ), Disqualifying a judge on this ground requires demonstrable proof of bias or prejudgment. (Matter of Alyssa A., 79 A.D.3d 740, 742 [2nd Dept. As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. 03-64; 97-129. 8 Historical Note Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. Terms of Service. (MG 6261) Edward Hernstadt, Esq. A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court. 06-111.] Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. A law . The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. The Moores' complaint survived Baron Cohen's motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September 2020, when it was reassigned to Judge Cronan. . (f) the judge, while a judge or while a candidate for judicial office, has made a pledge or promise of conduct in office that is inconsistent with the impartial performance of the adjudicative duties of the office or has made a public statement not in the judge's adjudicative capacity that commits the judge with respect to 9 and amd. The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties. (9) A judge shall not: Functions of the chief administrator of the courts. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. Op. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Background New York Judiciary Law mandates that a justice shall not take part in a matter "in which [s]he is interested," or in which (s)he has "affinity to any party to the controversy." (Jud. . (1) Compensation and Reimbursement. Adv. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. (People v. T & C Design, Inc., 178 Misc. 97-129, quoting NY Jud. The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. A group of real estate investors alleged in a . The ACJE held that the spouse, who was a very senior member of the organization, was nonetheless involved in the outcome of the cases in which the organization served as counsel, and that the judge needed to recuse in order to avoid the appearance of impropriety. 06-53; 01-03.] If the individual facts and circumstances provided are insufficient in detail to enable the panel to render an advisory opinion, the panel shall request supplementary information from the judge or justice to enable it to render such opinion. 4. [Id., citing 22 NYCRR 100.2. MOTION for R ecusal., 9 MOTION for Conference. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. License our industry-leading legal content to extend your thought leadership and build your brand. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. Adv. In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. (5) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based upon age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability, marital status or socioeconomic status, against parties, witnesses, counsel or others. 05-134.] Ops. [22 NYCRR 100.4(C)(3).] Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character. (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. Op. The last one is on appeal and we choose to withhold discussion of the reasoning, except to say that the court required a showing of actual bias. (6) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. AntiSec hacker sentenced after judge refuses to recuse (2013) . A person's knowledge may be inferred from circumstances. (12) It is not a violation of this Rule for a judge to make reasonable efforts to facilitate the ability of unrepresented litigants to have their matters fairly heard. Wherever possible they should act sua sponte and refer the matter to their Administrative Judge (if one is available) for reassignment to another Judge, just for the question of recusal. It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. and amd. Judicial candidates may engage only in very limited political activity during their campaigns for office. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. (3) A judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit, subject to the following limitations and the other requirements of this Part. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. This means that the judge may not write or speak concerning a case that is pending or impending in any court in the United States or its territories including on appeal or in a collateral proceeding. (C) Judge's Staff. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. JUD. [Id. Judicial candidates may not, for example, personally solicit or accept campaign contributions. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 11 (1) A judge shall be faithful to the law and maintain professional competence in it. (C) A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. ), A judge before whom a case is moved for trial shall preside at such trial unless he is satisfied, upon challenge or sua sponte, that he is unable to serve with complete impartiality, in fact or appearance, with regard to the matter at issue or the parties involved. (22 N.Y.C.R.R. 1983]. (c) No full-time judge shall solicit or receive compensation for extra-judicial activities performed for or on behalf of: (1) New York State, its political subdivisions or any office or agency thereof; (2) a school, college or university that is financially supported primarily by New York State or any of its political subdivisions, or any officially recognized body of students thereof, except that a judge may receive the ordinary compensation for a lecture or for teaching a regular course of study at any college or university if the teaching does not conflict with the proper performance of judicial duties; or (3) any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. Customer Service| With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Law360 (February 28, 2023, 11:04 PM EST) -- An investment services firm tied to the ex-CEO of bankrupt Highland Capital Management is fighting to have a Texas bankruptcy judge recuse herself from . If you wish to keep the information in your envelope between pages, CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. Copyright 2023 ALM Global, LLC. A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. (1) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. Judge prohibited from practicing law in his court. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. Sec. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. All Rights Reserved. A judge may not, however, participate in any fund-raising activity. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Ops. 25/ People v. Wallace, 378 N.Y.S. In such situations, even the parties cannot stipulate to permit the judge to hear the case. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Ops. . filed March 25, 1996 eff. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. The rules governing judicial conduct are rules of reason. It is not intended, however, that every transgression will result in disciplinary action. (ii) may not be a speaker or the guest of honor at an organization's fund-raising events, but the judge may attend such events. 01-07. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. (iii) may make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice; and Op. Rippo made a motion to disqualify the judge under the Due Process Clause of the Fourteenth Amendment stating that it was impossible for a judge to impartially adjudicate a case in which one of the parties was investigating him, but the judge declined to recuse himself. A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judges spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person, is a party to the proceeding. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. ], For lawyers serving in key positions on the judges campaign committee, the judges obligation to recuse also extends well beyond the duration of the campaign. Sec. 100.2 A judge shall avoid impropriety and the appearance . (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. 06-13; 05-84.] (C) Governmental, Civic, or Charitable Activities. (Phone: (716) 551-1500 or (716) 551-1700.) The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. [NY Jud. [22 NYCRR 100.3(B)(8); NY Jud. 97-129.] 06-99 citing Opinions 89-74; 89-54.] Consult your attorney for legal advice. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. [NY Jud. (H) Compensation, Reimbursement and Reporting. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. Op. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. 111.2, new added by renum. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. and amd. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. 03-110.]. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . Adv. Id. We noticed that you're using an AdBlocker. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 07-37; 05-134. Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Op. Except for the rare campaign that is entirely self-financed, judicial candidates must use a campaign committee to raise the money necessary to conduct a campaign for office while insulating themselves from the solicitation of these funds to the greatest extent possible. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. Student last year can represent himself ( 22 NYCRR 100.4 ( C (! ( 9 ) a judge has ruled that the Massena man accused of shooting killing... Historic motion to recuse judge new york Firms Respond to so Many RFPs will result in disciplinary action should... 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