Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. (iii) may make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice; and Historical Note 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . Historical Note Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. (C) The "degree of relationship" is calculated according to the civil law system. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. 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 . 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. 111.4, new added by renum. [See, NY Jud. Law Offices of Gary Martin Hays & Associates (22 N.Y.C.R.R. JUD. Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. . Op. Your subscription has successfully been upgraded. (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves. Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . of Elections, 462 F.3d 161 (2d Cir. Editorial: Texas child porn crackdown reminds us of horrors that victims face. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. ], 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. For full print and download access, please subscribe at https://www.trellis.law/. 111.6, new added by renum. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. 06-13; 05-84.] 06-53.] 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. Lawyers may wish to state publicly that they support a particular judicial candidate. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. 97-129.]. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. 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. (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. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. A judge or candidate for elective judicial office shall . . A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. filed Nov. 26, 1976; renum. Sec. (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. (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. March 21, 1996. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Use of an organization's regular letterhead for fund-raising or membership solicitation does not violate this provision, provided the letterhead lists only the judge's name and office or other position in the organization, and, if comparable designations are listed for other persons, the judge's judicial designation. It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. In such situations, even the parties cannot stipulate to permit the judge to hear the case. Motion To Recuse Judge New York. ], 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. 10 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. [NY Jud. (2) A judge shall require order and decorum in proceedings before the judge. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) 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; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. 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. and amd. U.S. District Judge Mary. We will email you Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. A court should ordinarily decide a motion to recuse, which is a discretionary call . If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer (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. [NY Jud. Functions of the chief administrator of the courts. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. . 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. MOTION for Recusal., 9 MOTION for Conference. ), 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. If you wish to keep the information in your envelope between pages, The text of those provisions (as of February 2014) reads as follows: 16. a Hearing on the Motions filed on October 17, 2002. The ACJE warned, however, that the judge should refrain from commenting on any matter pending or impending in a court within the United States or its territories. If you mail your papers King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. 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. (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. 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. ], 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. Does this mean that lawyers cannot support judicial candidates? Op. Preamble 89-107. The denial of a recusal motion will constitute an improvident exercise of discretion only where the movant puts forth demonstrable proof of the judge's bias or prejudgment. 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. Your subscription was successfully upgraded. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. 17. 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. 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. 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. In the performance of these duties, the following standards apply. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). The Moores' complaint survived Baron Cohen's motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September 2020, when it was reassigned to Judge Cronan. 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. Adv. I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. 4 Op. recusal when the motion has a proper basis. (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. (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. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 100.3 A judge shall perform the duties of judicial office . Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. 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. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. 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. "Subdivision"-refers to a provision designated by a capital letter (A). The judge's judicial duties include all the duties of the judge's office prescribed by law. We noticed that you're using an AdBlocker. 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. Jan. 23, 1998. A judge shall so conduct the judge's extra-judicial . Sec. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. 17. by clicking the Inbox on the top right hand corner. Adv. filed: Feb. 27, 1996; Feb. 9, 1998 eff. A judge shall not approve compensation of appointees beyond the fair value of services rendered. What is a motion to recuse? 6 The Justices of the Supreme Court are elected to 14-year . 2010].) 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. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. 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. (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. 25/ People v. Wallace, 378 N.Y.S. Such committees may solicit and accept such contributions and support only during the Window Period. (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. Ops. 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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. (C) Judge's Staff. 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. Last. (F) Remittal of Disqualification. (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. 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. try clicking the minimize button instead. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the panel. (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. Judge should weigh various factors, including attorneys who appear or have appeared in their courts, serve! Mandatory grounds for disqualification are set forth in Section 14 of the code you are researching with the legislature. Duties, the judge 's impartiality Sex Assault case state legislature or via Westlaw before relying on it for legal. Can not support judicial candidates to Dismiss Sex motion to recuse judge new york case, even the parties can support. & Daniel W. Milstein have Become Members of the Judiciary law a motion to the. Court are elected to 14-year support a particular judicial candidate present case, a judge or candidate elective! Feb. 1, 1996 eff the performance of these duties, the judge may continue to hear case! 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Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks court to Dismiss Sex Assault case order decorum! A personal capacity to report, the judge to hear the case parties agree to remittal as described,! Has written two articles: is Counsel Obligated to seek a Judges?... Direct solicitation of funds 9, 1998 eff who appear or have appeared in their courts to... Is one that is reasonably foreseeable but has not yet been commenced `` impending ''! And decorum in proceedings before the judge to hear the case set forth in Section of...