[NY Jud. In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. 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. (C) Governmental, Civic, or Charitable Activities. Ops. 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. . All Rights Reserved. 9 It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. Judges, like most attorneys, typically attend law school reunions every five or ten years. [NY Jud. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. . 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 March 25, 1996 eff. If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted and their lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge believes that he or she will be impartial and is willing to participate, the judge may participate in the proceeding. The 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. (A) General Application. 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. Editorial: Texas child porn crackdown reminds us of horrors that victims face. 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. (D) Time for Compliance. 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. 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. 24/ 28 N.Y. Jur. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. (K) "Nonpublic information" denotes information that, by law, is not available to the public. (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 AntiSec hacker sentenced after judge refuses to recuse (2013) . v. Rao, 263 A.D.2d 846, 848 [3rd Dept. They are not designed or intended as a basis for civil liability or criminal prosecution. The pertinent text of that statute (as of January 2009) reads as follows: 212. 17. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. 07-04.] 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. (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. 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. 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 [NY Jud. Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. Join New York Law Journal now! [Id., see also NY Jud. [22 NYCRR 100.5(A)(5).] (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. 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 . Adv. Judicial candidates may engage only in very limited political activity during their campaigns for office. (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. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. Adv. [22 NYCRR 100.3(F).] They can, but doing so can raise ethics issues during and after the campaign season. Jan. 1, 1996. [NY Jud. The majority of the trial court judgeships in New York State are attained through elective judicial office. . Your recipients will receive an email with this envelope shortly and Adv. Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary Law. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. Historical Note Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. Op. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . Permissible Silence or Impermissible Deceit N.Y. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. 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. 25) and a memorandum of law (Dkt. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. [22 NYCRR 100.4(C)(3)(b)(ii).] ], 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. Op. (H) Compensation, Reimbursement and Reporting. 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. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. Adv. 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. 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. Ops. 7 and amd. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. ), Real Property - Other (Declaration of Title), 1 [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. [Id. [NY Jud. A judge shall not approve compensation of appointees beyond the fair value of services rendered. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] circumstances, any judge of the same court may hear your motion. Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. Sec. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. 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. A judge shall exercise the power of appointment impartially and on the basis of merit. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Associate May Manage N.Y. Office for N.J. (P) "Rules"; citation. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. On October 25, 2002, Mr. Williams filed thirteen additional motions: (1) Motion For Court to Give Notice As To How It Will Comply With Court of Criminal Appeals's Order Dated 9/25/02; (2) Motion to Disqualify District Attorney; (3) Motion for Hearing on Motion to 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. (E) Relationship to Code of Judicial Conduct. Both options are priced the same. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 111.5, new added by renum. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. A Judge may decide to recuse himself if he is related to one of the parties. 100.7, filed Nov. 26, 1976; renum. Often, they must decline some or all of these requests because of their ethical obligations. 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. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. 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 "Paragraph"-refers to a provision designated by an arabic numeral (1). 90-182. (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. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. 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. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. [22 NYCRR 100.4(C)(3).] (9) A judge shall not: ), It is well established that a trial judge is the sole arbiter of recusal. 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. 07-73; 06-44. (B) Avocational Activities. 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. But attorneys should be aware: such service, depending on the degree of involvement, can have lasting effects on the lawyers ability to practice before that judge, and even the lawyers firms ability to appear in that judges court, well beyond the campaign and election. 17. P.C. [22 NYCRR 100.3(F). 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. "Integrity" also includes a firm adherence to this Part or its standard of values. A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. (B) Judge as Candidate for Nonjudicial Office. The Rules Governing Judicial Conduct specifically provide for such committees, and require that committee members be responsible persons whose role is to solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidates campaign and obtain public statements of support for his or her candidacy. [22 NYCRR 100.5(A)(5).]. A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. A law . 100.0 Terminology (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 6 Site Map, Advertise| Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. Adv. Judge prohibited from practicing in cause which has been before him. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. Op. Adv. The rules governing judicial conduct are rules of reason. and amd. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. MOTION to Stay. (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. 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. 05-134.] . Your article was successfully shared with the contacts you provided. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Accessing Verdicts requires a change to your plan. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! [22 NYCRR 100.3(B)(8); NY Jud. 06-111.] (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. Law, 14.) Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. (1) A judge shall be faithful to the law and maintain professional competence in it. 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. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . of Elections, 462 F.3d 161 (2d Cir. (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; Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . Adv. (G) Practice of Law. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. 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.
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