Plaintiff' s motions for recusal (ECF Nos. circumstances, any judge of the same court may hear your motion. Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. An independent and honorable judiciary is indispensable to justice in our society. ), [N]o 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. (Jud. Adv. 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. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Adv. A judge shall perform the duties of judicial office . 06-117], but even then, a judge may not be involved in the direct solicitation of funds. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. 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]. Your content views addon has successfully been added. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Sec. [22 NYCRR 100.3(F). Op. ), 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].) The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. (ii) the parties or controversy in the proceeding. (1) Compensation and Reimbursement. 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. The panel shall consist of such number of members who possess such qualifications and serve for such terms as the rules and regulations shall provide. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . [NY Jud. 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. 06-111.] A judge shall not be swayed by partisan interests, public clamor or fear of criticism. 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. (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. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? a judge in New York State based on interest in the ma er or relation-ship to a party is governed and mandated by statute, -disqualifica- . Does this mean that lawyers cannot support judicial candidates? [NY Jud. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. A judge shall avoid impropriety and the appearance . The rules are not intended as an exhaustive guide for conduct. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. The "internal test" requires 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. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. Judicial candidates are not limited to awaiting volunteers for their campaign. [22 NYCRR 100.3(D)(2); NY Jud. 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. [Id., citing 22 NYCRR 100.2. As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. 111.2, new added by renum. Ops. A judge or candidate for elective judicial office shall . (G) Practice of Law. 06-53.] Law, 14.) Op. (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. Amended (A)(2)(v). FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) ], 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. Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 (P) "Rules"; citation. (J) "Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. Judge prohibited from practicing in cause which has been before him. 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. 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. [22 NYCRR 100.4(C)(3).] ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. 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. filed Feb. 1, 1996 eff. [Id. (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. (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. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. Your article was successfully shared with the contacts you provided. Jan. 1, 1996. . of Elections, 462 F.3d 161 (2d Cir. . Nonpublic information may include but is not limited to: information that is sealed by statute or court order, impounded or communicated in camera; and information offered in grand jury proceedings, presentencing reports, dependency cases or psychiatric 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. 6 Jan. 23, 1998. A judge shall not approve compensation of appointees beyond the fair value of services rendered. 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. 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. "Subparagraph"-refers to a provision designated by a lower-case letter (a). Op. 9 You can always see your envelopes This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. 95-121.]. (F) Remittal of Disqualification. 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 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. (B) Judge as Candidate for Nonjudicial Office. 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. 25) and a memorandum of law (Dkt. 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. 95-58; 88-157. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. Read this complete Code of Federal Regulations Title 28. This means that the judge may not write or speak concerning a case that is pending or impending in any court in the United States or its territories including on appeal or in a collateral proceeding. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 2 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. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . . 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. . 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. "Subdivision"-refers to a provision designated by a capital letter (A). Adv. Adv. The motion shall be filed at or before the time for filing the moving party's brief. In such situations, even the parties cannot stipulate to permit the judge to hear the case. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. 4. Op. Judge prohibited from practicing in cause which has been before him. 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. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 2d at 297. Op. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 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. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. Copyright 2023 ALM Global, LLC. 06-99; 06-24; 05-30. In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. Terms of Service. The Justices of the Supreme Court are elected to 14-year . A court should ordinarily decide a motion to recuse, which is a discretionary call . Adv. (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. Ops. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 700.5(c). 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. Judicial Administration 28.68.30 Disqualification on Westlaw. R. A. P. 15 (a). If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. 07-37; 05-134. Your subscription was successfully upgraded. March 21, 1996. A Judge would conference the case with counsel in order to promote a settlement. (People v. T & C Design, Inc., 178 Misc. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. 10 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. Sec. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court. (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. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. Or persons being investigated to the judge to hear the case & # x27 ; s motions recusal., 48 N.Y.2d 894, 895 [ 1979 ]. Code you are researching with the you... Was successfully shared with the contacts you provided judges in making judicial decisions Filed at or the... 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