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. (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. ET. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. 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. 07-73; 06-44. 111.4, new added by renum. 06-99; 06-24; 05-30. Judges, like most attorneys, typically attend law school reunions every five or ten years. You can always see your envelopes (E) Relationship to Code of Judicial Conduct. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. Adv. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. 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does not require a judge to recuse when that lawyer subsequently appears before the judge. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. Adv. 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. 25) and a memorandum of law (Dkt. Op. Ops. "Subdivision"-refers to a provision designated by a capital letter (A). In New York, a motion to recuse must be made in writing and must be filed with the clerk of the court where the case is pending. Jan. 1, 1996. [NY Jud. (2) Public Reports. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. [22 NYCRR 100.3(F). Jan. 1, 1996. (P) "Rules"; citation. A person's knowledge may be inferred from circumstances. 1983]. ), 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. 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 [NY Jud. A judge shall not testify voluntarily as a character witness. A judge shall so conduct the judge's extra-judicial . 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]. 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. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. 06-53; 01-03.] [NY Jud. The last one is on appeal and we choose to withhold discussion of the reasoning, except to say that the court required a showing of actual bias. 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 Permissible Silence or Impermissible Deceit N.Y. 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. (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. See 22 NYCRR 100.6 (A). Please wait a moment while we load this page. A judge shall avoid nepotism and favoritism. They can, but doing so can raise ethics issues during and after the campaign season. 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. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. P.C. (People v. T & C Design, Inc., 178 Misc. United States Magistrate Judge . Motion To Recuse Judge New York. 111.6, new added by renum. 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. 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. 97-129.] Adv. The pertinent text of that statute (as of January 2009) reads as follows: 212. ), Real Property - Other (Declaration of Title), 1 (12) It is not a violation of this Rule for a judge to make reasonable efforts to facilitate the ability of unrepresented litigants to have their matters fairly heard. Ops. A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. Amended (A)(2)(v). 89-107. (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. 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. (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. (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. (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 2 These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. Editorial: Texas child porn crackdown reminds us of horrors that victims face. Judicial candidates are not limited to awaiting volunteers for their campaign. Adv. The rules are designed to provide guidance to judges and candidates for elective judicial office and to provide a structure for regulating conduct through disciplinary agencies. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; [NY Jud. 5 (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. Rippo made a motion to disqualify the judge under the Due Process Clause of the Fourteenth Amendment stating that it was impossible for a judge to impartially adjudicate a case in which one of the parties was investigating him, but the judge declined to recuse himself. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. Judge Scheindlin's . A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. 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. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (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. Judges must conduct their outside lives as extensions of their judicial offices. 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. Last. Jan. 1, 1996. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (ii) the parties or controversy in the proceeding. Law, 14.) (D) Time for Compliance. 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. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. (ii) is an officer, director or trustee of a party; 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 . Law, 14.) All Rights Reserved. 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. Adv. 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. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 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. 03-64; 97-129. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. filed Aug. 1, 1972; amd. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . (9) A judge shall not: https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. A full-time judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Part, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions: (a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity. A judge shall exercise the power of appointment impartially and on the basis of merit. Historical Note 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. Ops. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. (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. 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- . `` Public election '' includes primary and general elections ; it includes partisan elections, nonpartisan elections and elections! Character witness the essential independence of judges in making judicial decisions 1, 1996.. 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