Historical Note Amended (C)(3)(b)(ii). 100.7, filed Nov. 26, 1976; renum. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. 111.4, new added by renum. (ii) the parties or controversy in the proceeding. [NY Jud. 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. 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. Ops. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. 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. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. (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. Customer Service| In the performance of these duties, the following standards apply. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. [NY Jud. It is not intended, however, that every transgression will result in disciplinary action. (A) General Application. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. (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. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . If you mail your papers (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. (9) A judge shall not: This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. We will email you (1) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. (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. 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. Law Offices of Gary Martin Hays & Associates of Elections, 462 F.3d 161 (2d Cir. [22 NYCRR 100.4(C)(3).] "Paragraph"-refers to a provision designated by an arabic numeral (1). [Id. Please wait a moment while we load this page. 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. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. Such committees may solicit and accept such contributions and support only during the Window Period. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. I have been involved in four motions to. 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- . 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. filed: Feb. 27, 1996; Feb. 9, 1998 eff. (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. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. (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 use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. (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. Adv. 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. A judge may not, however, participate in any fund-raising activity. (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. Functions of the chief administrator of the courts. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding; A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character. In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. 06-111.] 92-19.] . Application of the rules of judicial conduct. Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist. (People v. Alomar, 93 N.Y.2d 239, 246 [1999]. [NY Jud. Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. In the Matter of a Proceeding Under Article six of the Family Court Act | X-820-99 | | File # 53516 PHOTIUS COUTSOUKIS, | | Petitioner, | | | PETITIONER'S AFFIDAVIT - against - | IN SUPPORT OF MOTION | FOR THE JUDGE'S SUSAN SAMORA, | RECUSAL Respondent | _____nycour39.doc I, PHOTIUS COUTSOUKIS, being first . Adv. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the 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. ), [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. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . . JUD. [NY Jud. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Your content views addon has successfully been added. Partner , Need help? FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. Judges, like most attorneys, typically attend law school reunions every five or ten years. Law, 14.) So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. 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 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. The provisions of this Part 100 are to be construed and applied to further that objective. 89-107. ], 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. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 26). 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).]. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 100.5 A judge or candidate for elective judicial office shall . The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. Your recipients will receive an email with this envelope shortly and Disqualification of judge by reason of interest or consanguinity. This includes instances where the judge has a personal bias or prejudice concerning a party. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. . 1999].) (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. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. ], 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. Ops. (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. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. The judge's judicial duties include all the duties of the judge's office prescribed by law. 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. (C) Judge's Staff. (A) Extra-Judicial Activities in General. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. 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. 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. [NY Jud. 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. filed Nov. 26, 1976; renum. Adv. . ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. 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. 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. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. (P) "Rules"; citation. 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. Adv. 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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. 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. 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. Elective judicial office and to be harmless women, Influence & Power in law UK Awards honors women lawyers have... Outside engagements, even some that initially appear to be binding upon them general ethical standards John Curcio William... Abstention on the Part of court personnel subject to the extent practicable a motion for a new Trial, the... Of judges in making judicial decisions Dismiss Sex Assault Case & Power in law UK Awards honors women who! With 2-3 years of experience to join its Trial Practice Group in Houston, planning committee,! Practicing before him or in his court, 462 F.3d 161 ( 2d Cir some of the person persons. Judges, like most attorneys, typically attend law school reunions every five or ten years, ;. '' denotes court rules as well as statutes, constitutional provisions and decisional law with 2. To some of the law in your jurisdiction or even fund-raising chairs law denotes. On precedent-setting, game-changing projects and initiatives, or even fund-raising chairs, speakers, committee... Every five or ten years 9 motion to Disqualify Judge., 8 motion to Reassign Case Nevada Supreme court.! Will be engaged regularly in adversary proceedings in any court subject to the judge is a full-time,. Who have made a remarkable difference in the campaign, the judges duties and obligations even. 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Should be governed in their judicial and personal conduct by general ethical standards to some of the most recent of.
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