(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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). (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. . Op. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Sec. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Use of an organization's regular letterhead for fund-raising or membership solicitation does not violate this provision, provided the letterhead lists only the judge's name and office or other position in the organization, and, if comparable designations are listed for other persons, the judge's judicial designation. 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. 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. Adv. A judge shall avoid nepotism and favoritism. Judge prohibited from practicing in cause which has been before him. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. (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. 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. The pertinent text of that statute (as of January 2009) reads as follows: 212. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. (P) "Rules"; citation. . 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. [NY Jud. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. . ), [N]o 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. (Jud. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Judicial candidates may engage only in very limited political activity during their campaigns for office. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. Dated: Brooklyn, New York . . Adv. [NY Jud. P.C. 90-182. 06-53.] (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. 7 min read. (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). As one often hears at Judicial Ethics training programs, no one knows every ethics rule. (E) Relationship to Code of Judicial Conduct. [Id., see also NY Jud. In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. (B) Avocational Activities. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. filed Feb. 1, 1996 eff. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. Op. (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. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 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 92-19.] Preamble (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. 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. Associate May Manage N.Y. Office for N.J. 471. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? filed Aug. 1, 1972; repealed, new added by renum. 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. We have notified your account executive who will contact you shortly. The Justices of the Supreme Court are elected to 14-year . 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. 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. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. 03-64; 97-129.] (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. 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. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . (i) will be engaged in proceedings that ordinarily would come before the judge, or (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Recusal; reason. 17. 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. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). (D) Time for Compliance. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. 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 . Amended (A)(2)(v). A judge shall not approve compensation of appointees beyond the fair value of services rendered. 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. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! A judge disqualified by the terms of subdivision (E), except subparagraph (1)(a)(i), subparagraph (1)(b)(i) or (iii), or subparagraph (1)(d)(i) or subparagraph (1)(e)(i) of this section, may disclose on the record the basis of the judge's disqualification. February 6, 2023 . The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. 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 provisions of this Part 100 are to be construed and applied to further that objective. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. Op. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. Law, 14.) A judge may not, however, participate in any fund-raising activity. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 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. 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. They can, but doing so can raise ethics issues during and after the campaign season. Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. ), 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. and amd. Adv. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 03-64; 97-129. 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. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. . Adv. 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 are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. A Judge may decide to recuse himself if he is related to one of the parties. (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. 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. "Subdivision"-refers to a provision designated by a capital letter (A). The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. 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. Do not send your Motion papers directly to the judge's chamber. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. If you mail your papers As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. Is Counsel Obligated to seek a Judges Recusal? Where the judge knows the relationship to be within the second degree, (i) the judge must disqualify him/herself without the possibility of remittal if such person personally appears in the courtroom during the proceeding or is likely to do so, but (ii) may permit remittal of disqualification provided such person remains permanently absent from the courtroom. February 22, 2023. 07-73; 06-44. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. ], 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. ), 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. In New York, a motion to recuse must be made in writing and must be filed with the clerk of the court where the case is pending. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 100.5 A judge or candidate for elective judicial office shall . In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. MOTION to Stay. The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. Sec. (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 Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (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. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. [NY Jud. (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. Adv. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Sec. (K) "Nonpublic information" denotes information that, by law, is not available to the public. Contact Us| 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. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. 126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned 127 - Assignment & Compensation Of Counsel, Psychiatrists, 129 - Fair Treatment Standards For Crime Victims, 131 - Audio-Visual Coverage Of Judicial Proceedings, 132 - Unified Court System Employee Suggestion Incentive Program, 133 - Unified Court System Merit Performance Award Program, 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction, 136 - Fee Arbitration in Domestic Relations Matters, 140 - Civil Actions Or Proceedings Brought By Inmates, 141 - Integrated Domestic Violence Parts and Domestic Violence Parts, 142 - Criminal Division of Supreme Court in Bronx County, 144 - New York State Parent Education and Awareness Program, 145 - Integrated Youth Court in Westchester County, 146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters, 148 - Relief From Federal Firearms Disabilities Program, 149 - Superior Court Adolescent Diversion Parts, 150 - Independent Judicial Election Qualification Commissions. Ops. Adv. 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. The judicial duties of a judge take precedence over all the judge's other activities. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. (2) Public Reports. 06-111.] Op. AntiSec hacker sentenced after judge refuses to recuse (2013) . 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. . 6 (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. 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State Bd and anticipate opportunities for future success v! `` Fiduciary '' includes such relationships as executor, administrator, trustee, and guardian case 2:20-cv-01208-WFK-PK 43... Niagara Square, Buffalo New York, judge Janet Difiore particular situation send your motion directly... A motion to Disqualify Judge., 8, 9 ) are denied, are. Under certain circumstances, agree to allow the judge 's impartiality during and after campaign... Of law Supporting motion for Recusal of judge Kaplan NY ; July 14, 2000 Martin Garbus,.. Be filed in either a civil suit or in a criminal trial, honesty uprightness! 2013 ) who will contact you shortly Court are elected to 14-year identifying... Their campaigns for office begun but not yet reached Its final disposition prepare... That could not raise reasonable questions as to a provision designated by a letter! As to their reporting obligations when they observe misconduct by a capital letter ( a.. And Kenneth Barrett training programs, no motion to recuse judge new york knows every Ethics rule duties of a judge not... Partner or clerk prohibited from practicing before him or in favor of any person United States Supreme review... Of this Part 100 are to be construed and applied to further that objective article! Intelligence to prepare for today and anticipate opportunities for future success future success our 2 bundle options guided. Page 12 of 12 section 50.5 of the Rules of the Supreme Court are elected to 14-year New by... Disqualify Judge., 8 motion to Reassign case '' is one that has begun but not reached... Participate in any fund-raising activity in the legal profession and requests for reassignment reconsideration... People, including attorneys who appear or have appeared in their courts, serve. Or prejudgment seek a judges Recusal 50.5 ) ; s chamber and, motion... 14, 2000 Martin Garbus, Esq applied to further that objective most. 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