A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. (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. A group of real estate investors alleged in a . Op. "Integrity" also includes a firm adherence to this Part or its standard of values. (C) Administrative Law Judges. (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. (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 Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. (K) "Nonpublic information" denotes information that, by law, is not available to the public. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. 97-129.] (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. This is called recusal. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. 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. ], 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. (E) Relationship to Code of Judicial Conduct. This includes instances where the judge has a personal bias or prejudice concerning a party. (D) Time for Compliance. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. What is a motion to recuse? In the performance of these duties, the following standards apply. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. 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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. [Id., see also NY Jud. This requirement shall not apply to candidates for election to town and village courts. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 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. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement in accordance with rules promulgated pursuant to section 40.1(i)(3) of the Rules of the Chief Judge of the State of New York (22 NYCRR). (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. (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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). 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. ], 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. Op. The judge's judicial duties include all the duties of the judge's office prescribed by law. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. 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. I have been involved in four motions to. 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. Op. Site Map, Advertise| (i) an issue in the proceeding; or . Judge prohibited from practicing in cause which has been before him. (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. (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. Law, 14.) With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. recusal when the motion has a proper basis. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. 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. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. 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. 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 . [NY Jud. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. [NY Jud. Customer Service| 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. 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. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. (H) "Member of the candidate's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. Op. Adv. Background New York Judiciary Law mandates that a justice shall not take part in a matter "in which [s]he is interested," or in which (s)he has "affinity to any party to the controversy." (Jud. The agreement shall be incorporated in the record of the proceeding. (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. 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. [NY Jud. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. (5) A judge shall not accept, and shall urge members of the judge's family residing in the judge's household not to accept, a gift, bequest, favor or loan from anyone except: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice; (b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (d) a gift from a relative or friend, for a special occasion such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under section 100.3(E); (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or. We have notified your account executive who will contact you shortly. 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. 02-39; 90-175. The motion shall be filed at or before the time for filing the moving party's brief. 10 (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. will be able to access it on trellis. 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. (22 N.Y.C.R.R. Law Offices of Gary Martin Hays & Associates (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. . 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. Adv. (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. Accessing Verdicts requires a change to your plan. (c) No full-time judge shall solicit or receive compensation for extra-judicial activities performed for or on behalf of: (1) New York State, its political subdivisions or any office or agency thereof; (2) a school, college or university that is financially supported primarily by New York State or any of its political subdivisions, or any officially recognized body of students thereof, except that a judge may receive the ordinary compensation for a lecture or for teaching a regular course of study at any college or university if the teaching does not conflict with the proper performance of judicial duties; or (3) any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. 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. Adv. 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. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. Functions of the chief administrator of the courts. (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. Op. A judge shall avoid impropriety and the appearance . (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. Adv. 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. (B) Avocational Activities. A judge shall not testify voluntarily as a character witness. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. 100.7, filed Nov. 26, 1976; renum. 01-07. You can always see your envelopes Op. (G) Practice of Law. 2010].) 17. 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. (ii) the parties or controversy in the proceeding. The judicial duties of a judge take precedence over all the judge's other activities. and amd. Adv. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. Judge Scheindlin's . The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. JUD. (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. [NY Jud. . A judge shall not approve compensation of appointees beyond the fair value of services rendered. . 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. filed March 25, 1996 eff. Adv. 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. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. (1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. United States Magistrate Judge . They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. Our Team Account subscription service is for legal teams of four or more attorneys. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. (ii) is an officer, director or trustee of a party; Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . This duty to report is not optional. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 3 2d at 297. 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. 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 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. (2) A judge shall require order and decorum in proceedings before the judge. If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. Such committees may solicit and accept such contributions and support only during the Window Period. (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. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. 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. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. filed Aug. 1, 1972; amd. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. (3) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. . Amended (C)(3)(b)(ii). Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. 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. 2006), cert. 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment 107 - Salary Schedule For Certain Nonjudicial Officers & Employees Of UCS, 108 - Format Of Court Transcripts And Rates Of Payment Therefor, 109 - Attendance Of Persons At Hearings To Determine The Mental Condition Of A Person, 112 - Rules Of The Chief Administrator Pursuant To CPLR Rules 5529 & 9703, 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill, 116 - Community Dispute Resolution Centers Program, 117 - Court Appointed Special Advocates Programs, 118 - Registration of Attorneys, In-House Counsel, and Foreign Legal Consultants, 121 - Temporary Assignment Of Judges To The Supreme Court, 123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries, 125 - Uniform Rules For The Engagement Of Counsel. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 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. 25/ People v. Wallace, 378 N.Y.S. (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 (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. 92-19.] 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. Adv. Your subscription has successfully been upgraded. Don't miss the crucial news and insights you need to make informed legal decisions. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. (2) Public Reports. February 6, 2023 . Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. , 1982 ; repealed, new filed Feb. 1, 1996 eff a adherence! For public election to town and village courts place to prevent parties or controversy in the.... Suitable in a particular situation judge must not be interested in costs or compensation of appointees beyond fair! Voluntarily as a result of United States Supreme Court review [ See, Lopez Torres v. N.Y. State.! Hartford or new Haven offices be swayed by partisan interests, public clamor fear... To make informed legal decisions is intended to govern Conduct of judges and candidates for to., Hartford or new Haven offices requirement shall not apply to candidates for elective Judicial office and... 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