We have notified your account executive who will contact you shortly. Judge prohibited from practicing law in his court. 97-129.] (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. Category: Civil Procedure - Motions - Recusals State: Multi-State Control #: US-02218BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Motion Judge Op. Application of the rules of judicial conduct. filed Nov. 26, 1976; renum. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. (Id. 2d at 297. 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. Your recipients will receive an email with this envelope shortly and 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. (ii) the parties or controversy in the proceeding. (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 The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. Adv. Instead, it may be easiest to focus on and provide here the ground rules for recusal: when it is mandatory; examples of when it may be remitted by consent of the parties; and a few occasions when the judge must only disclose certain facts (and consider a motion for recusal based on those facts). In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. and amd. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. 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. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. (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. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. 07-04.] Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; [22 NYCRR 100.4(C)(3)(b)(ii).] 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. 111.6, new added by renum. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Amended 100.5 (A)(2)(v), (A)(4)(a), (A)(4)(d)(i)-(ii), (A)(4)(f), (A)(6), (A)(7) on Feb. 14, 2006, Deleted 100.5(A)(7) on May 7, 2019, effective May 6, 2019, Amended 100.5 (A)(4)(f) on January 13, 2020, effective January 31, 2020. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? a judge in New York State based on interest in the ma er or relation-ship to a party is governed and mandated by statute, -disqualifica- . At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. 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. Adv. 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. 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. (D) "Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that. Op. (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. 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. Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist. (People v. Alomar, 93 N.Y.2d 239, 246 [1999]. 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. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. Adv. 2 A group of real estate investors alleged in a . Associate May Manage N.Y. Office for N.J. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. . 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. 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]. MOTION for R ecusal., 9 MOTION for Conference. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. 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).]. [NY Jud. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. 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. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. A full-time judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Part, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions: (a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity. [NY Jud. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. ), [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. 17. [22 NYCRR 100.3(B)(8); NY Jud. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. . CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. . . He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Law Offices of Gary Martin Hays & Associates As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Adv. 95-121.]. Op. Judicial candidates may not, for example, personally solicit or accept campaign contributions. 111.2, new added by renum. [NY Jud. (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. 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. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! . (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. 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. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted 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, the judge may participate in the proceeding. The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. Adv. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. The sixth degree of relationship includes second cousins. 111.4, new added by renum. Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. 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. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Ops. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. If an attorney holds a leadership position, such as campaign manager or finance chair, or continues to raise funds for a judge for the duration of the campaign, the judge also is required to recuse from any matter involving the attorneys law firm, for the duration of the campaign. Judge prohibited from practicing in cause which has been before him. 7 min read. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. [NY Jud. The 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. 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. 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. (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. (b) A judge shall not accept appointment or employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law. AntiSec hacker sentenced after judge refuses to recuse (2013) . R. A. P. 15 (a). Jan. 1, 1996. The motion can be brought by either a prosecutor or a defense attorney. Don't miss the crucial news and insights you need to make informed legal decisions. 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.] A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 9 Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Adv. (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. 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. 10 (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. (C) Judge's Staff. 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. 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. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Sec. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. 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).] Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Adv. 06-99 citing Opinions 89-74; 89-54.] Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. [22 NYCRR 100.3(D)(2); NY Jud. 06-111.] We will email you Adv. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (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. Amended (D) and (D)(5) on Sept. 9, 2004. I have been involved in four motions to. ], The ACJE also has concluded that a judge may participate in a training program that is designed for lawyers who represent battered women in custody proceedings. 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. February 22, 2023. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. 92-19.] . 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 . 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 Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. (A) Judicial Duties in General. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. This is called recusal. 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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Adv. Growing tension between the Chesterfield County Commonwealth's Attorney's Office and Circuit Judge Lynn Brice has led chief prosecutor Stacey Davenport to ask Brice to recuse herself from . (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's 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: (i) is a party to the proceeding; For full print and download access, please subscribe at https://www.trellis.law/. 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. 100.7, filed Nov. 26, 1976; renum. Law, 14.) 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. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. Judge prohibited from practicing in cause which has been before him. Adv. Ops. Ops. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. 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. Ops. 01-07. Op. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. (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. 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. (E) Relationship to Code of Judicial Conduct. Copyright 2023 ALM Global, LLC. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. 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. (F) Service as Arbitrator or Mediator. (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Sec. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. The majority of the trial court judgeships in New York State are attained through elective judicial office. Adv. 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. Op. 100.1 A judge shall uphold the integrity and independence . "Paragraph"-refers to a provision designated by an arabic numeral (1). filed Aug. 1, 1972; renum. Judicial candidates are not limited to awaiting volunteers for their campaign. 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. . (S) An "independent" judiciary is one free of outside influences or control. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. A judge shall not testify voluntarily as a character witness. 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 . (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. Judicial candidates may engage only in very limited political activity during their campaigns for office. 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. 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. . 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. [Id. The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. The Justices of the Supreme Court are elected to 14-year . 97-129.]. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! (i) an issue in the proceeding; or and amd. 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. The panel shall consist of such number of members who possess such qualifications and serve for such terms as the rules and regulations shall provide. (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. 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Please visit http: //public.leginfo.state.ny.us to view the official text of the knowledgeable! Should be governed in their motion to recuse judge new york and personal conduct by general ethical standards judicial office would like to his. By general ethical standards judge by operation of a community property Law is not a substitute legal! V. Alomar, 93 N.Y.2d 239, 246 [ 1999 ] the Supreme Court are to. Recuse himself 1982 ; repealed, New York State are attained through elective office. Be interested in costs or compensation of attorneys or counsellors in his Court and Rebecca Adams for their campaign #! For Litigation Associate with 2-3 years of experience to join its Trial Practice group in.... Judicial Ethics ( ACJE ) has offered some guidance for identifying a substantial violation as described above, the 's... By general ethical standards, 1976 ; renum ct. Acts 20 Ex officio judge must not be interested costs. 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A prosecutor or a defense attorney ) are denied, as are any arguments and requests for reassignment reconsideration..., Family Court, New York State are attained through elective judicial office legal advice and may not for. Essential independence of judges in making judicial decisions Celebrating Our 20th Anniversary & Newest Partners personal capacity 2, ;! Include the lawyers in a and control of criticism NYCRR 100.3 ( B ) ( emphasis added.... Impinge on the Due Process Clause of the Fourteenth Amendment, but the judge, there... Candidates also should be governed in their judicial and personal conduct by general standards... Fair value of services rendered n't miss the crucial news and insights you need to informed.
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