(1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. The rules are not intended as an exhaustive guide for conduct. (D) Time for Compliance. A judge shall avoid nepotism and favoritism. filed Aug. 1, 1972; repealed, new added by renum. [NY Jud. Motion To Recuse Judge New York. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Judges must conduct their outside lives as extensions of their judicial offices. Prior to the present IAS system, the Master Calendar system was in effect. All Rights Reserved. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. A Judge may decide to recuse himself if he is related to one of the parties. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. Op. (ii) the parties or controversy in the proceeding. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to 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, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. Similarly, the ACJE has opined that a judge is not required to exercise recusal if a lawyer appearing before the judge did nothing more than volunteer to be listed among attorneys supporting the judges election campaign. Such committees may solicit and accept such contributions and support only during the Window Period. Consult your attorney for legal advice. I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. 03-110.]. Adv. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. (S) An "independent" judiciary is one free of outside influences or control. Adv. 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. JUD. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] Adv. filed: Feb. 27, 1996; Feb. 9, 1998 eff. The majority of the trial court judgeships in New York State are attained through elective judicial office. . For example, recusal is required in matters where (1) the judge or judges spouse, or a minor child residing in the judges household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judges spouse or relative, or a relatives spouse, is serving as a lawyer in the proceeding. United States Magistrate Judge . (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. Editorial: Texas child porn crackdown reminds us of horrors that victims face. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; Judge prohibited from practicing in cause which has been before him. For full print and download access, please subscribe at https://www.trellis.law/. 17. 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. Amended (D) and (D)(5) on Sept. 9, 2004. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. (A) Extra-Judicial Activities in General. This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. ], To illustrate, the ACJE has concluded that remittal was available where the judges sibling was partner in a law firm that often appeared before the judge. A full-time judge shall not practice law. 100.3 A judge shall perform the duties of judicial office . (H) Compensation, Reimbursement and Reporting. [Id. Accessing Verdicts requires a change to your plan. Partner , Need help? Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 97-129.]. In support of the Motion to Strike, they filed a factual affidavit (Dkt. . 07-73; 06-44. If you mail your papers Op. It is not intended, however, that every transgression will result in disciplinary action. The denial of a recusal motion will constitute an improvident exercise of discretion only where the movant puts forth demonstrable proof of the judge's bias or prejudgment. 9 33.5, filed Feb. 2, 1982; amds. This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. 95-58; 88-157. Copyright 2023 ALM Global, LLC. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. Ops. 06-99 citing Opinions 89-74; 89-54.] 100.7, filed Nov. 26, 1976; renum. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. 05-134.] 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. [22 NYCRR 100.5(A)(5).] Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. Adv. Ops. New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Adv. Ops. (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. filed Aug. 1, 1972; renum. During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. 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. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. [Id. When permitted, however, remittal is only available if parties and their lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge believes that he or she will be impartial and is willing to participate. Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. Ops. The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. (C) Governmental, Civic, or Charitable Activities. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 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. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! Historical Note [Id., citing 22 NYCRR 100.2. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the panel. 03-64.] [NY Jud. Associate May Manage N.Y. Office for N.J. 100.2 A judge shall avoid impropriety and the appearance . That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. This duty to report is not optional. MOTION to Stay. by clicking the Inbox on the top right hand corner. of Elections, 462 F.3d 161 (2d Cir. ), It is well established that a trial judge is the sole arbiter of recusal. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? (22 N.Y.C.R.R. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] Adv. (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. . 90-182. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 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. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 06-13; 05-84.] Your credits were successfully purchased. But no judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. . (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. 25/ People v. Wallace, 378 N.Y.S. try clicking the minimize button instead. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Adv. 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. See 22 NYCRR 100.6 (A). Historical Note FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. (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. In the performance of these duties, the following standards apply. . 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) Judicial Duties in General. 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]. In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. The judicial duties of a judge take precedence over all the judge's other activities. (K) "Nonpublic information" denotes information that, by law, is not available to the public. Customer Service| This includes instances where the judge has a personal bias or prejudice concerning a party. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. (9) A judge shall not: 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. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. Recusal; reason. [22 NYCRR 100.3(D)(2); NY Jud. filed Aug. 1, 1972; amd. 111.1, new added by renum. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). Your alert tracking was successfully added. 100.4 A judge shall so conduct the judge's extra-judicial . recusal when the motion has a proper basis. 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. filed Nov. 26, 1976; renum. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? This requirement shall not apply to candidates for election to town and village courts. 7 min read. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. . Application of the rules of judicial conduct. They can, but doing so can raise ethics issues during and after the campaign season. (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. (10) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community. 03-64; 97-129. 2.1. Judicial Administration 28.68.30 Disqualification on Westlaw. MOTION to Stay. and amd. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person.

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