(O) "Require". The official rule states that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Both federal and state law holds that judges must recuse themselves if there are grounds to do so. (b) with respect to cases, controversies or issues that are likely to come before the court, make commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? ], 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. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. (i) The panel shall have no executive, administrative or appointive duties except as provided otherwise in this paragraph or in rules and regulations adopted to implement this paragraph. 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. 471. 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. (C) The "degree of relationship" is calculated according to the civil law system. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] [NY Jud. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Preamble (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). Judicial Administration 28.68.30 Disqualification on Westlaw. (ii) the parties or controversy in the proceeding. Historical Note 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. 100.3(E)(1).) (2) A judge shall require order and decorum in proceedings before the judge. Adv. (2) Public Reports. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. (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 (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 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. 100.0 Terminology A judge shall not approve compensation of appointees beyond the fair value of services rendered. Adv. 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. of Elections, 462 F.3d 161 (2d Cir. Often, they must decline some or all of these requests because of their ethical obligations. when new changes related to " are available. A judge shall perform the duties of judicial office . A court should ordinarily decide a motion to recuse, which is a discretionary call . Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 06-99; 06-24; 05-30. 05-134.] (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. . . (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. . Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. Ops. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Op. 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. 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. 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. Op. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. Adv. Read this complete Code of Federal Regulations Title 28. Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. ), A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. (Jud. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. Adv. Adv. (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. 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. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? [NY Jud. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Judicial candidates may not, for example, personally solicit or accept campaign contributions. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. 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. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. Disqualification of judge by reason of interest or consanguinity. (E) Relationship to Code of Judicial Conduct. filed Aug. 1, 1972; renum. For example, recusal is required in matters where (1) the judge or judges spouse, or a minor child residing in the judges household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judges spouse or relative, or a relatives spouse, is serving as a lawyer in the proceeding. [NY Jud. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . 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 . (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. . "Paragraph"-refers to a provision designated by an arabic numeral (1). 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. 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. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. Prior to the present IAS system, the Master Calendar system was in effect. (B) Avocational Activities. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. R. A. P. 15 (a). 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. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. (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. 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. If you wish to keep the information in your envelope between pages, 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). Op. 02-39; 90-175. 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. In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. ], 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. (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. (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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Last. (1) Compensation and Reimbursement. 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. United States Magistrate Judge . As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 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. 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. ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. The majority of the trial court judgeships in New York State are attained through elective judicial office. ), It is well established that a trial judge is the sole arbiter of recusal. Adv. Judge . (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. 06-53; 01-03.] Such committees may solicit and accept such contributions and support only during the Window Period. Adv. Law, 14.) Op. and amd. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] Amended (C)(3)(b)(ii). 03-64; 97-129. (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. 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. 97-129, quoting NY Jud. Adv. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. Judicial candidates may engage only in very limited political activity during their campaigns for office. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. In the performance of these duties, the following standards apply. filed Nov. 26, 1976; renum. 25) and a memorandum of law (Dkt. 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. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. 03-64; 97-129.] Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? [NY Jud. 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . Amended (A)(2)(v). (A) Extra-Judicial Activities in General. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 95-121.]. 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. and amd. P.C. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. [22 NYCRR 100.3(F).] A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions. . 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. 1999].) Historical Note Associate May Manage N.Y. Office for N.J. Adv. [See, NY Jud. Op. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. Judge prohibited from practicing in cause which has been before him. 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. 2 Adv. 06-13; 05-84.] (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. License our industry-leading legal content to extend your thought leadership and build your brand. Terms of Service. (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 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).]. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. 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. AntiSec hacker sentenced after judge refuses to recuse (2013) . Judge prohibited from practicing law in his court. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) 2010].) 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. 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