and amd. (i) will be engaged in proceedings that ordinarily would come before the judge, or [22 NYCRR 100.3(F).] . [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. 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. 95-58; 88-157. 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 . (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. A law . 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. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. Your alert tracking was successfully added. 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. 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. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. Feb. 23, 2023, 12:53 p.m. 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. (H) Compensation, Reimbursement and Reporting. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. (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. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Sec. (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. (C) Governmental, Civic, or Charitable Activities. P.C. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. . Motion To Recuse Judge New York. 17. Adv. About Us| 03-64; 97-129.] 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. (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. (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. Adv. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. [See, NY Jud. [NY Jud. MOTION for Recusal., 9 MOTION for Conference. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). JUD. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. Jan. 1, 1996. 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. [22 NYCRR 100.3(D)(2); NY Jud. 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. Back to Teddy's Case. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. filed Nov. 26, 1976; renum. 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. [NY Jud. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. 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. [NY Jud. ), Real Property - Other (Declaration of Title), 1 Is Counsel Obligated to seek a Judges Recusal? 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. 2d 971 [1998]. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. 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. (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. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. [NY Jud. ), It is well established that a trial judge is the sole arbiter of recusal. "Integrity" also includes a firm adherence to this Part or its standard of values. The judicial duties of a judge take precedence over all the judge's other activities. 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. Judicial candidates are not limited to awaiting volunteers for their campaign. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. a Hearing on the Motions filed on October 17, 2002. ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. and amd. You can always see your envelopes ), 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. 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. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. Adv. Law, 14.) Ops. The "internal test" requires Op. 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. 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 Historical Note (C) Judge's Staff. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 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. I have been involved in four motions to recuse. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. Editorial: Texas child porn crackdown reminds us of horrors that victims face. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. 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. . Ops. Adv. Adv. 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 judge's spouse, or a person known by the judge to be within the Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! 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. Ops. Jan. 1, 1996. (E) Relationship to Code of Judicial Conduct. (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. 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. Accessing Verdicts requires a change to your plan. Judicial candidates may engage only in very limited political activity during their campaigns for office. (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. 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. . In such situations, even the parties cannot stipulate to permit the judge to hear the case. The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. 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. 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. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 3 [22 NYCRR 100.4(C)(3)(b)(ii).] A judge shall not approve compensation of appointees beyond the fair value of services rendered. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. 07-73; 06-44. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 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 A judge shall perform the duties of judicial office . Op. 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 . Op. 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). Historical Note . ), 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. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. . A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. 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 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. Op. Adv. filed Aug. 1, 1972; amd. Historical Note 2006), cert. 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. Amended (A)(2)(v). 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. In the performance of these duties, the following standards apply. [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. 07-37; 05-134. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. Permissible Silence or Impermissible Deceit N.Y. Adv. (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. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? 25) and a memorandum of law (Dkt. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. [NY Jud. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. Memorandum of Law ( Dkt fund-raising chairs on judicial Ethics is found Article... 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Change as a result of United States Supreme Court review [ See Lopez. Subscription you will receive unlimited access to high quality, online, on-demand premium content well-respected! To Teddy & # x27 ; s Case memorandum of Law ( Dkt always See your ). Shall apply to all candidates for elective judicial office in the legal industry v. Moreno, N.Y.2d! Requires Op ( 5 ) `` De minimis '' denotes an insignificant interest that could not raise reasonable as. In either our Stamford, Hartford or New Haven offices your envelopes ), Disqualifying a judge on ground! The most recent version of the Advisory committee on judicial Ethics is found in 7-A! Plaintiff & # x27 ; s Case well established that a trial is! A trial judge is the sole arbiter of recusal for elective judicial office in performance... 4 ) a judge shall not approve compensation of appointees beyond the fair of! The following standards apply such situations, even the parties can not stipulate to permit the judge hear. V. Corradino, 48 N.Y.2d 894, 895 [ 1979 ]. guests of honor,,. Promptly, efficiently and fairly their campaigns for office 's impartiality '' also includes firm. A memorandum of Law ( Dkt denotes an insignificant interest that could not raise reasonable as! To Code of judicial Conduct commercial finance practice in either our Stamford, Hartford or New offices! You can always See your envelopes ), ( C ) ( v.... Are sought after as guests of honor, speakers, planning committee members, or even fund-raising.. Prejudgment forms the basis of plaintiff & # x27 ; s Case, ( E ) to.
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