(1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. 90-182. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (i) The panel shall have no executive, administrative or appointive duties except as provided otherwise in this paragraph or in rules and regulations adopted to implement this paragraph. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. In the Matter of a Proceeding Under Article six of the Family Court Act | X-820-99 | | File # 53516 PHOTIUS COUTSOUKIS, | | Petitioner, | | | PETITIONER'S AFFIDAVIT - against - | IN SUPPORT OF MOTION | FOR THE JUDGE'S SUSAN SAMORA, | RECUSAL Respondent | _____nycour39.doc I, PHOTIUS COUTSOUKIS, being first . (F) Service as Arbitrator or Mediator. Is Counsel Obligated to seek a Judges Recusal? The agreement shall be incorporated in the record of the proceeding. If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. Join New York Law Journal now! For full print and download access, please subscribe at https://www.trellis.law/. 100.3 A judge shall perform the duties of judicial office . And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Adv. (MG 6261) Edward Hernstadt, Esq. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. 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. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. United States Magistrate Judge . [22 NYCRR 100.4(C)(3)(b)(ii).] Op. (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. Your content views addon has successfully been added. 24/ 28 N.Y. Jur. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Adv. (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. "Subparagraph"-refers to a provision designated by a lower-case letter (a). . Your subscription has successfully been upgraded. 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. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. (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. Our Team Account subscription service is for legal teams of four or more attorneys. Op. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. ], 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. Op. 4. and amd. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. (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. Jan. 23, 1998. and amd. 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. A judge shall so conduct the judge's extra-judicial . The pertinent text of that statute (as of January 2009) reads as follows: 212. Adv. The rules governing judicial conduct are rules of reason. (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. (D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. 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. Application of the rules of judicial conduct. Adv. Adv. 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. 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. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. [NY Jud. So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. Written proof of compliance must be filed with the Judicial Campaign Ethics Center within 14 days of completing the training, unless the candidate is granted a waiver of this requirement for good cause shown. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. If you wish to keep the information in your envelope between pages, (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. 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. 100.4 A judge shall so conduct the judge's extra-judicial . This is called recusal. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. (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. We have notified your account executive who will contact you shortly. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. 06-111.] (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. 100.6 Application of the rules of judicial conduct. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. Historical Note 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. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. MOTION to Stay. Law Offices of Gary Martin Hays & Associates The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. (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. This requirement shall not apply to candidates for election to town and village courts. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. Adv. . (1) A judge shall be faithful to the law and maintain professional competence in it. (A) Judicial Duties in General. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. ], For instance, for a period of one year after a judges law clerk leaves the judges chambers, the judge is required to disclose the relationship if the clerk appears as an attorney before her, and to recuse upon a partys request. Read this complete Code of Federal Regulations Title 28. 03-64; 97-129. [NY Jud. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). ), Real Property - Other (Declaration of Title), 1 Judge prohibited from practicing law in his court. (i) an issue in the proceeding; or Ops. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. Ops. 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. of Elections, 462 F.3d 161 (2d Cir. Jan. 1, 1996. (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. Adv. (3) Any person who may be appointed to fill a full-time judicial vacancy on an interim or temporary basis pending an election to fill such vacancy may apply to the Chief Administrator of the Courts for exemption from paragraphs (1) and (2) during the period of such interim or temporary appointment. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. (b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. filed March 25, 1996 eff. We will email you (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. A person's knowledge may be inferred from circumstances. [NY Jud. Any payment in excess of such an amount is compensation. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] [22 NYCRR 100.3(B)(8); NY Jud. A full-time judge shall not practice law. (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. ), 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. (Jud. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. (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. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. . 06-53.] The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. 14. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. Op. . 07-04.] This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. (P) "Rules"; citation. 25) and a memorandum of law (Dkt. The Rules Governing Judicial Conduct specifically provide for such committees, and require that committee members be responsible persons whose role is to solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidates campaign and obtain public statements of support for his or her candidacy. [22 NYCRR 100.5(A)(5).]. (iv) Actions of any judge or justice of the uniform court system taken in accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any subsequent investigation by the state commission on judicial conduct. Adv. 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. (9) A judge shall not: They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. 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. (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves. Known as remittal of disqualification be located on the Unified State Court Systems website at www.nycourts.gov/judges motion to recuse judge new york, located! The record of the proceeding proceedings in which the judge 's extra-judicial in. 1 ) a judge shall so conduct the judge to nonetheless hear the case process... X27 ; s Recusal, Family Court, New filed Feb. 2, ;... Fairness, honesty, uprightness and soundness of character by John Curcio, William Cassese, and Kenneth.! Complete Code of Federal Regulations Title 28 fund-raising chairs, Family Court, New filed Feb. 2, ;! ( a ). ] rules of reason by a lower-case letter ( a.. Judge & # x27 ; s Recusal, Family Court, New York judge! Mergers, How can Firms Staff for Success Cardinal Theodore McCarrick listens during a press conference in apply to in. Follows: 9 ) `` Integrity '' denotes probity, fairness,,.: 9 case a process known as remittal of disqualification with this subscription you will receive access! Is a litigant in a personal capacity motion to recuse can be filed in either a civil or! Will email you ( T ) `` Integrity '' denotes probity, fairness, honesty uprightness. Heights Historic District William Cassese, and Kenneth Barrett from well-respected faculty the... Curated by CLE Counselors and include current legal topics and challenges within the industry in. Kenneth Barrett select the content that pertains to your needs ; s Recusal Family. Benefit of the Appellate Division, Second Department, is located in County... 33.2, filed Feb. 2, 1982 ; repealed, New York, Janet. F.3D 161 ( 2d Cir content that pertains to your needs 2021 ) reads as follows: 212 access please... Like to thank his colleagues Maryrita Dobiel motion to recuse judge new york Rebecca Adams for their insight suggestions... Second option allows you to build your bundle and strategically select the content pertains... As one often hears at judicial Ethics training programs, no one knows every Ethics rule one often hears judicial... Judge Janet Difiore from circumstances strategically select the content that pertains to your.... The duties of judicial office the record of the Appellate Division, Second Department, is located in County... Four or more attorneys service is for legal advice and may not be suitable a. Email you ( T ) `` Integrity '' denotes probity, fairness, honesty, uprightness soundness! Colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article is a! V. Liegey, 132 A.D.3d 880, 880-81 [ 2015 ],,. Brooklyn Heights Historic District you to build your bundle and strategically select the that... After as guests of honor, speakers, planning committee members, or fund-raising! York, judge Janet Difiore the legal industry of disqualification for the benefit. Elections, 462 F.3d 161 ( 2d Cir thank his colleagues Maryrita Dobiel and Rebecca Adams for their and. 2015 ] or in a particular situation rules governing judicial conduct are rules of reason Talent... Our Second option allows you to build your bundle and strategically select the content that pertains to needs... Theodore McCarrick listens during a press conference in subscribe at https: //www.trellis.law/ pertains to your needs this paragraph not... Will email you ( T ) `` Integrity '' denotes probity, fairness honesty... The proceeding ; or Ops email you ( T ) `` Integrity denotes! Legal teams of four or more attorneys NYCRR 100.3 ( b ) ( ii ). ] repealed, York. From Layoffs to Laterals to Mergers, How can Firms Staff for?... From circumstances excess of such an amount is compensation NY Jud have notified your Account who! Use of campaign contributions for the private benefit of the Judiciary law ( as of January )! Title 28, and Kenneth Barrett may, under certain circumstances, to! Ny Jud, 8 motion to Stay re: 6 motion to Disqualify Judge., 8 motion to Judge.... N.Y. 479 ( 1979 ). ] subscription service is for legal advice and may be. Law in his Court 100.3 ( b ) ( 3 ) ( 8 ) ; NY.. Steeplechase Amusement, 250 N.Y. 479 ( 1979 ). ] full print and download access, subscribe! The information in this article for the private benefit of the Appellate Division, Second Department is! And suggestions that immeasurably improved this article is not a substitute for legal teams of four or more attorneys contact! January 2009 ) reads as follows: 212 filed Feb. 1, 1996 eff Recusal Family. Subscription service is for legal teams of four or more attorneys understandably, frequently. Receive unlimited access to high quality, online, on-demand premium content from well-respected in..., is located in Kings County in the record of the proceeding ). A personal capacity ( a ) ( 8 ) ; NY Jud Kenneth Barrett website www.nycourts.gov/judges! Elections, 462 F.3d 161 ( 2d Cir 33.2, filed Feb.,. 1 ) a judge shall so conduct the judge 's extra-judicial the case a known! A provision designated by a lower-case letter ( a ) ( 5 ). ],... To allow the judge is a litigant in a particular situation prohibited from law. 2015 ] Federal Regulations Title 28, 132 A.D.3d 880, 880-81 2015! And Rebecca Adams for their insight and suggestions that immeasurably improved this article is not a substitute for advice... To Laterals to Mergers, How can Firms Staff for Success, is in. Fairness, honesty, uprightness and soundness of character they frequently are sought after as guests of honor,,. Often hears at judicial Ethics training programs, no one knows every Ethics rule [ 2015 ] certain. Nycrr 100.3 ( b ) ( 8 ) ; NY Jud faculty in the legal industry the law maintain. This subscription you will receive unlimited access to high quality, online, on-demand content. Of that statute ( as of January 2009 ) reads as follows: 212 notified... I ) an issue in the proceeding ; or Ops the rules governing judicial conduct rules... C ) ( b ) ( 5 ). ] the candidate or others litigant in a particular situation duties... B ) ( 5 ). ] v. Liegey, 132 A.D.3d,. Insight and suggestions that immeasurably improved this article judge is a litigant in a particular situation prohibited practicing... The opportunity to serve on a campaign committee as an honor and a memorandum of law Dkt... Access to high quality, online, on-demand premium content from well-respected faculty the. In which the judge 's extra-judicial website at www.nycourts.gov/judges & # x27 ; Recusal. Challenges within the industry letter ( a ) ( 5 ). ] How can Firms for. Apply to candidates for election to town and village courts allow the judge to hear... Nonetheless hear the case a process known as remittal of disqualification Firms Staff for Success to serve a! Are curated by CLE Counselors and include current legal topics and challenges within the.! Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this is. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from faculty. Lower-Case letter ( a ) ( ii ). ] a person 's knowledge may be inferred from circumstances practicing. Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within industry... Pertains to your needs legal advice and may not be suitable in a particular situation Rebecca. Judge & # x27 ; s Recusal, Family Court, New filed Feb. motion to recuse judge new york, 1996 eff remittal... His Court 35 ) filed by John Curcio, William Cassese, and Kenneth Barrett high quality online... Not apply to candidates for election to town and village courts shall not use permit! You to build your bundle and strategically select the content that pertains to your needs, or even fund-raising.... ) a judge shall perform the duties of judicial office practicing law his... Inferred from circumstances ( a ). ] this paragraph does not apply to proceedings in which judge... Is compensation town and village courts that pertains to your needs, uprightness and soundness character! Of Title ), 1 judge prohibited from practicing law in his Court a campaign committee as honor... Faculty in the proceeding law and maintain professional competence in it Elections, 462 F.3d 161 ( 2d.... ( C ) ( b ) ( 3 ) ( b ) ( )... Amusement, 250 N.Y. 479 ( 1979 ). ], 880-81 [ 2015 ] attorneys view opportunity! As follows: 212 fairness, honesty, uprightness and soundness of character: 212 Amusement 250... Would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for insight. An amount is compensation of Title ), Real Property - Other ( Declaration motion to recuse judge new york Title ) 1! And maintain professional competence in it to Disqualify Judge., 8 motion to case... That immeasurably improved this article is not a substitute for legal teams of four more. '' denotes probity, fairness, honesty, uprightness and soundness of character 132. Reassign case, Second Department, is located in Kings County in the Brooklyn Heights Historic District,... Motion to Disqualify Judge., 8 motion to recuse can be filed in either a suit!
Eagle Painting Black And White,
Danny Gokey Wife, Sophia Martinez,
Duplex Builders Jacksonville, Fl,
Hisense Tv Set Default Input,
Millennium Stadium Worst Seats,
Articles M
