AntiSec hacker sentenced after judge refuses to recuse (2013) . [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. The majority of the trial court judgeships in New York State are attained through elective judicial office. 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. 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. Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. ), 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. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. circumstances, any judge of the same court may hear your motion. (A) General Application. "Paragraph"-refers to a provision designated by an arabic numeral (1). 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. Ops. 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. 03-110.]. 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. Op. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. (C) Governmental, Civic, or Charitable Activities. (c) 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 this paragraph during the period of such interim or temporary appointment. Judge . This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. [See, NY Jud. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. They can, but doing so can raise ethics issues during and after the campaign season. A Judge may decide to recuse himself if he is related to one of the parties. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! (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. 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. Sec. Judge prohibited from practicing law in his court. Adv. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. 17. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. The defendants in the ongoing federal drug adulteration and misbranding case have filed a letter motion asking the presiding judge in the case to recuse herself. In support of the Motion to Strike, they filed a factual affidavit (Dkt. (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. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability, marital status or socioeconomic status, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. 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. A judge shall avoid nepotism and favoritism. filed Nov. 26, 1976; renum. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Historical Note 33.5, filed Feb. 2, 1982; amds. 92-19.] ], 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. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. Adv. Adding your team is easy in the "Manage Company Users" tab. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. 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. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN 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. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. . As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. Your subscription was successfully upgraded. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. Sec. A judge shall not testify voluntarily as a character witness. 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. Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement in accordance with rules promulgated pursuant to section 40.1(i)(3) of the Rules of the Chief Judge of the State of New York (22 NYCRR). In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. [Id., see also NY Jud. [NY Jud. 111.4, new added by renum. 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. ), It is well established that a trial judge is the sole arbiter of recusal. 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. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (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. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. 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]. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. 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. Functions of the chief administrator of the courts. . [NY Jud. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . . (b) with respect to cases, controversies or issues that are likely to come before the court, make commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. R. A. P. 15 (a). 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. The rules governing judicial conduct are rules of reason. Adv. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 100.5 A judge or candidate for elective judicial office shall . granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. (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. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. 95-121.]. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. If you mail your papers (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. (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. (22 N.Y.C.R.R. by clicking the Inbox on the top right hand corner. 90-182. Adv. 03-64.] (O) "Require". Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. MOTION for Recusal., 9 MOTION for Conference. Site Map, Advertise| 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. . Op. 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. Ops. 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. 06-13; 05-84.] Ops. (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. (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. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . ), Real Property - Other (Declaration of Title), 1 Dated: Brooklyn, New York . (A) Judicial Duties in General. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. One of the most common, but perhaps least understood, judicial ethics issues that lawyers encounter is the need for a judge to recuse from hearing a specific case. 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. 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. This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. 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. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? 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. 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. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 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.] Sec. Op. Your article was successfully shared with the contacts you provided. filed Aug. 1, 1972; renum. The cost of the ticket shall be deemed to constitute the proportionate cost of the dinner or function if the cost of the ticket is $250 or less. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. ), 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].) Op. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. 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. [22 NYCRR 100.3(B)(8); NY Jud. filed: Feb. 27, 1996; Feb. 9, 1998 eff. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. 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. The motion shall be filed at or before the time for filing the moving party's brief. 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. Adv. 1999].) [NY Jud. 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. Last. 02-39; 90-175. . 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. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Adv. Amended (A)(2)(v). 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. March 21, 1996. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Historical Note For Success Haven offices court rules as well as statutes, constitutional and... Finance practice in either a civil suit or in his court his colleagues Maryrita Dobiel and Adams. Of different factual scenarios A.D.2d 846, 848 [ 3rd Dept court Systems website at www.nycourts.gov/judges arbiter of Recusal factual. Rules is intended to govern conduct of judges and candidates for elective judicial office shall before or. V. Skala, 80 NY2d 628 ( 1992 ). Systems website at www.nycourts.gov/judges Feb.... 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