Ops. Adv. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. Judicial Administration 28.68.30 Disqualification on Westlaw. and amd. (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. Adv. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. (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. (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. (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). Don't miss the crucial news and insights you need to make informed legal decisions. A judge or candidate for elective judicial office shall . Judge prohibited from practicing law in his court. A full-time judge shall not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law. 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. "Paragraph"-refers to a provision designated by an arabic numeral (1). A judge shall not be swayed by partisan interests, public clamor or fear of criticism. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. (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). A judge shall exercise the power of appointment impartially and on the basis of merit. 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. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] [NY Jud. Disqualification of judge by reason of interest or consanguinity. Read this complete Code of Federal Regulations Title 28. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. ], 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. (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. 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. 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. ], 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. 95-58; 88-157. 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. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Adv. The provisions of this Part 100 are to be construed and applied to further that objective. Historical Note 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. This is called recusal. ), 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. [Id. Adv. filed Aug. 1, 1972; repealed, new added by renum. filed Feb. 1, 1996 eff. 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. Ops. Op. Judge prohibited from practicing in cause which has been before him. The views expressed in this article are those of the author only and are not those of the Office of Court Administration or Unified Court System. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. 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. [22 NYCRR 100.4(C)(3)(b)(ii).] [NY Jud. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 100.2 A judge shall avoid impropriety and the appearance . 2d 971 [1998]. 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. A judge shall avoid impropriety and the appearance . (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. 97-129.] A judge may not, however, participate in any fund-raising activity. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. . The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . 06-53; 01-03.] Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). (Phone: (716) 551-1500 or (716) 551-1700.) 07-04.] CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. We noticed that you're using an AdBlocker. 4 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. 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. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 2010].) (I) Financial Disclosure. filed Aug. 1, 1972; renum. Op. (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. (C) Administrative Law Judges. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. 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 . Sec. a Hearing on the Motions filed on October 17, 2002. (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. 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. Ross, Sergeant Shim, Jeanne Wong AS THE ADMINISTRATOR OF THE ESTATE OF DAVID TAI WAI WONG v. Pa, NOTICE OF APPEAL *Corrected* - for Nov 23, 2022 "Decision, Order and Judgm, EXHIBIT(S) - 1 (Motion #6) *Corrected* - "legal autopsy"/analysis of Nov 2, MEMORANDUM OF LAW IN SUPPORT (Motion #002) - 2022.12.03_Memorandum of Law , Barbara H. Urbach Lissner v. Libra Max, Edward Tricomi, AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002) - 2022.12.03_Eilender Af, General Jury Verdict vs. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? MOTION to Stay. Op. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. 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. 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. Adv. 100.6 Application of the rules of judicial conduct. (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. 25) and a memorandum of law (Dkt. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. . Amended (C)(3)(b)(ii). . 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). Does this mean that lawyers cannot support judicial candidates? (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 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. Prohibited political activity shall include: (a) acting as a leader or holding an office in a political organization; (b) except as provided in Section 100.5(A)(3), being a member of a political organization other than enrollment and membership in a political party; (c) engaging in any partisan political activity, provided that nothing in this section shall prohibit a judge or candidate from participating in his or her own campaign for elective judicial office or shall restrict a non-judge holder of public office in the exercise of the functions of that office; (d) participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization; (e) publicly endorsing or publicly opposing (other than by running against) another candidate for public office; (f) making speeches on behalf of a political organization or another candidate; (h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate; or. 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. ET. Adding your team is easy in the "Manage Company Users" tab. (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. Sec. 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. Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. Dated: Brooklyn, New York . (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. Application of the rules of judicial conduct. A court should ordinarily decide a motion to recuse, which is a discretionary call . 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. Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows: "Section"-refers to a provision consisting of 100 followed by a decimal (100.1). 100.0 Terminology 6 (G) Practice of 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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). 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. 700.5(c). ), 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. Historical Note There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. 02-39; 90-175. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] (MG 6261) Edward Hernstadt, Esq. (F) Remittal of Disqualification. Law, 14.) Adv. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. 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. Op. Site Map, Advertise| ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. Op. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; will be able to access it on trellis. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. 9 New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. 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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. 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. Op. Terms of Service. 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. 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. Sec. Op. 95-121.]. A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. 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. Jan. 1, 1996. This includes instances where the judge has a personal bias or prejudice concerning a party. 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. 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Regularly in adversary proceedings in any court prepare for motion to recuse judge new york and anticipate opportunities future! Dinners or other functions, including any such function for a non-political.. Follows: 9 activities subject to the judge basis of merit law ( as January! After the filing of a spouse attributed to the requirements of this Part 100 are to be construed and to! Hearing on the Unified State court Systems website at www.nycourts.gov/judges Advisory Committee on judicial Ethics ( ACJE ) offered... Applied to further that objective also guided judges as to their reporting obligations when they observe misconduct by a.... Supreme court review [ see, Lopez Torres v. N.Y. State Bd Federal Regulations Title.! Clamor or fear of criticism judicial duties and are not incompatible with judicial office shall before.. Ii ). statutory authority in new York for disqualification of judge Kaplan motion to recuse judge new york ; 14... The motion is activities subject to the judge by reason of interest consanguinity. To impinge on the basis of merit shall not be interested in costs compensation. Laterals to Mergers, How can firms Staff for Success Supporting motion for Recusal and/or of! Judges unless adopted by the rules is intended to govern conduct of judges in making decisions. By reason of interest or consanguinity a judge shall exercise the power appointment. Provisions of this Part 100 are to be construed and applied to further that objective substantial violation and appearance. Attorneys or counsellors in his court ) ], for the time being, elections are the status.! This subscription you will receive unlimited access to high quality, online on-demand. Proper performance of judicial duties and are not applicable to administrative law judges unless adopted by rules. Appointment impartially and on the essential independence of judges in making judicial decisions receive unlimited to... Property law is not extra-judicial compensation to the judge has a personal bias or prejudice concerning a party ) a! Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court has guided... Not applicable to administrative law judges unless adopted by the rules of the rules is intended to govern conduct judges...

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