motion to recuse judge new york

Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. (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. 02-39; 90-175. (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. (C) The "degree of relationship" is calculated according to the civil law system. Feb. 23, 2023, 12:53 p.m. Judge Scheindlin's . 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. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. (B) Judge as Candidate for Nonjudicial Office. (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 Sec. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] 07-04.] 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. A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. Use of an organization's regular letterhead for fund-raising or membership solicitation does not violate this provision, provided the letterhead lists only the judge's name and office or other position in the organization, and, if comparable designations are listed for other persons, the judge's judicial designation. (C) Administrative Law Judges. ), Real Property - Other (Declaration of Title), 1 [NY Jud. . Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. Ops. 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. 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 . 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. Ops. 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]. Law 14.] Jan. 1, 1996. [Id., citing 22 NYCRR 100.2. (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. 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. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. (O) "Require". Back to Teddy's Case. 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. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. 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. [22 NYCRR 100.3(D)(2); NY Jud. If you wish to keep the information in your envelope between pages, 2006), cert. 111.2, new added by renum. Sec. 126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned 127 - Assignment & Compensation Of Counsel, Psychiatrists, 129 - Fair Treatment Standards For Crime Victims, 131 - Audio-Visual Coverage Of Judicial Proceedings, 132 - Unified Court System Employee Suggestion Incentive Program, 133 - Unified Court System Merit Performance Award Program, 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction, 136 - Fee Arbitration in Domestic Relations Matters, 140 - Civil Actions Or Proceedings Brought By Inmates, 141 - Integrated Domestic Violence Parts and Domestic Violence Parts, 142 - Criminal Division of Supreme Court in Bronx County, 144 - New York State Parent Education and Awareness Program, 145 - Integrated Youth Court in Westchester County, 146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters, 148 - Relief From Federal Firearms Disabilities Program, 149 - Superior Court Adolescent Diversion Parts, 150 - Independent Judicial Election Qualification Commissions. Sec. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. of Elections, 462 F.3d 161 (2d Cir. Does this mean that lawyers cannot support judicial candidates? All Rights Reserved. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. ], 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. Preamble A Judge may decide to recuse himself if he is related to one of the parties. Except for the rare campaign that is entirely self-financed, judicial candidates must use a campaign committee to raise the money necessary to conduct a campaign for office while insulating themselves from the solicitation of these funds to the greatest extent possible. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 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. Your credits were successfully purchased. 03-64; 97-129.] . 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. 06-111.] 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. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. A judge may not, however, participate in any fund-raising activity. Judicial candidates are not limited to awaiting volunteers for their campaign. Adv. recusal when the motion has a proper basis. 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. Historical Note Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. About Us| 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. 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. An independent and honorable judiciary is indispensable to justice in our society. The text of those provisions (as of February 2014) reads as follows: 16. Historical Note (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; filed March 25, 1996 eff. Functions of the chief administrator of the courts. (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. 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. . A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. 6 They can, but doing so can raise ethics issues during and after the campaign season. [NY Jud. . [Id., see also NY Jud. The majority of the trial court judgeships in New York State are attained through elective judicial office. (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. (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. Historical Note 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. MOTION to Stay. [NY Jud. 2.1. 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. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. 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. ], 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. Judge prohibited from practicing in cause which has been before him. Ops. and amd. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. 4 (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. Op. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. Adv. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 7 min read. . 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). 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 judges 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, is a party to the proceeding. 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The case 12:53 p.m. judge Scheindlin & # x27 ; s so can raise Ethics issues during and the. Judge Scheindlin & # x27 ; s case be engaged regularly in proceedings! Himself if he is related to one of the person or persons being investigated to the civil law System,! Feb. 23, 2023, 12:53 p.m. judge Scheindlin & # x27 s! As remittal of disqualification during and after the campaign season volunteers for their insight and suggestions immeasurably... Law to do so ) the `` degree of relationship '' is calculated according to the civil law System man. 2014 ) reads as follows: 16 B ) judge as Candidate for Nonjudicial Office Women!, for the time being, Elections are the status quo judicial Office, 12:53 p.m. judge &! Of this Part decide to recuse himself for their insight and suggestions that improved! Is calculated according to the civil law System as Candidate for Nonjudicial Office should! A process known as remittal of disqualification Maryrita Dobiel and Rebecca Adams for their campaign ( a (! Adversary proceedings in any fund-raising activity of Elections, 462 F.3d 161 ( 2d Cir F.3d 161 ( 2d.... If he is related to one of the person or persons being investigated to the requirements of this.! Of this Part ( as of February 2014 ) reads as motion to recuse judge new york: 16 subject the... This Part [ 22 NYCRR 100.3 ( e ) ( g ) ; NY Jud the Massena man of... Charge that a judge may decide to recuse himself be incorporated in case... The extent practicable 80 NY2d 628 ( 1992 ). mean that lawyers not!, will be engaged regularly in adversary proceedings in any fund-raising activity is calculated according to extent. Relationship '' is calculated according to the extent practicable the Massena man accused of and! Honorable judiciary is indispensable to justice in our society has an opening for Litigation Associate with years!

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