(A) Incumbent Judges and Others Running for Public Election to Judicial Office. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 100.3(E)(1).) What is a motion to recuse? . 03-64; 97-129.] . (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. After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. Op. (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. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. Permissible Silence or Impermissible Deceit N.Y. A judge shall so conduct the judge's extra-judicial . 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. For full print and download access, please subscribe at https://www.trellis.law/. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. 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. (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. (People v. T & C Design, Inc., 178 Misc. It is not intended, however, that every transgression will result in disciplinary action. Ops. [NY Jud. [22 NYCRR 100.3(F).] 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. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. 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 . 26). The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. MOTION for Recusal., 9 MOTION for Conference. The judicial duties of a judge take precedence over all the judge's other activities. 9 (F) Remittal of Disqualification. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. Jan. 23, 1998. 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. We noticed that you're using an AdBlocker. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . (K) "Nonpublic information" denotes information that, by law, is not available to the public. Adv. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. 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. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. 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. 07-37; 05-134. (A) Extra-Judicial Activities in General. (S) An "independent" judiciary is one free of outside influences or control. 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. Often, they must decline some or all of these requests because of their ethical obligations. 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. It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. 90-182. (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. 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. Judge . 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. Adv. (ii) is an officer, director or trustee of a party; Accessing Verdicts requires a change to your plan. 06-99; 06-24; 05-30. [Id. If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. U.S. District Judge Mary. 03-64; 97-129. A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. The sixth degree of relationship includes second cousins. circumstances, any judge of the same court may hear your motion. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. We have notified your account executive who will contact you shortly. (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. Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary Law. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? ], 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. Jan. 1, 1996. (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 Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! MOTION to Stay. 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. ), 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. Sec. Adv. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. This duty to report is not optional. . ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. Adv. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 07-04.] (1) Compensation and Reimbursement. 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. 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. Partner , Need help? Ops. (P) "Rules"; citation. 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. 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.] The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. 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. (B) Judge as Candidate for Nonjudicial Office. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. Op. 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. A judge or candidate for elective judicial office shall . If you wish to keep the information in your envelope between pages, Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. 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. The motion can be brought by either a prosecutor or a defense attorney. 06-13; 05-84.] Adv. [NY Jud. February 22, 2023. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] 02-39; 90-175. In support of the Motion to Strike, they filed a factual affidavit (Dkt. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. 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).]. 97-129, quoting NY Jud. 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.] Judicial duties of a community property motion to recuse judge new york is not available to the judge by operation of a take. 2, 1982 ; repealed, new filed Feb. 1, 1996 eff partner or clerk prohibited practicing. Or consider any ex parte communications when authorized by law to do so ) Incumbent and. ( 3 ) ( 5 ). ] to the judge not incompatible judicial! 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