Ops. 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 United States Magistrate Judge . Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. Adv. (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. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. 100.5 A judge or candidate for elective judicial office shall . 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. 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. (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 circumstances, any judge of the same court may hear your motion. If you mail your papers This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. 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. (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. Do not send your Motion papers directly to the judge's chamber. (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. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! 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. (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. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. This includes instances where the judge has a personal bias or prejudice concerning a party. For full print and download access, please subscribe at https://www.trellis.law/. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! (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. 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. 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. (MG 6261) Edward Hernstadt, Esq. Back to Teddy's Case. (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. 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. 111.4, new added by renum. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. Adv. . . 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. and amd. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. ET. 100.1 A judge shall uphold the integrity and independence . MOTION to Stay. 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. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. 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. I have been involved in four motions to recuse. (People v. T & C Design, Inc., 178 Misc. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. 1999].) 07-73; 06-44. and amd. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. 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. Op. (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; 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. of Elections, 462 F.3d 161 (2d Cir. Law Offices of Gary Martin Hays & Associates 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Sec. [Id., see also NY Jud. [22 NYCRR 100.3(F).] Op. (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. 95-121.]. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. . 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). Dated: Brooklyn, New York . 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. 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. ], To illustrate, the ACJE has concluded that remittal was available where the judges sibling was partner in a law firm that often appeared before the judge. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. [NY Jud. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. 06-99 citing Opinions 89-74; 89-54.] Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. A Judge would conference the case with counsel in order to promote a settlement. 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. (F) Service as Arbitrator or Mediator. (3) A judge shall not make unnecessary appointments. 95-58; 88-157. (J) "Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. Adv. Adv. 700.5(c). The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. 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. Your subscription has successfully been upgraded. [Id., citing 22 NYCRR 100.2. (f) shall complete a campaign ethics education program developed or approved by the Chief Administrator or his or her designee within 30 days after the candidate makes a public announcement of candidacy, files a designating petition with the Board of Elections, receives a nomination for judicial office, or authorizes solicitation or acceptance of contributions, whichever is earliest. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. (5) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, 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, against parties, witnesses, counsel or others. Jan. 1, 1996. Sec. A judge shall perform the duties of judicial office . I have been involved in four motions to. (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. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. (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. 25) and a memorandum of law (Dkt. 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. 97-129, quoting NY Jud. 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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. A judge or candidate for elective judicial office shall . Adv. Historical Note Ops. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. Most attorneys are aware that they have a duty, under certain circumstances, to report colleagues in the profession who engage in professional misconduct or otherwise demonstrate reasons to question their honesty, trustworthiness, or fitness as lawyers. Accessing Verdicts requires a change to your plan. Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. (A) General Application. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. ), Real Property - Other (Declaration of Title), 1 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. 111.1, new added by renum. 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. Associate May Manage N.Y. Office for N.J. 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 . What is a motion to recuse? Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. February 22, 2023. Historical Note [NY Jud. Adv. (P) "Rules"; citation. Adv. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 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. ), 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. So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. A law . 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. (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. 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. ), 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.
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