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]. Your article was successfully shared with the contacts you provided. An independent and honorable judiciary is indispensable to justice in our society. Law, 14.) (22 N.Y.C.R.R. 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). Adv. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? 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. A law . ], 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. Is Counsel Obligated to seek a Judges Recusal? Preamble Jan. 1, 1996. 95-58; 88-157. (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. 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 scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. 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. For full print and download access, please subscribe at https://www.trellis.law/. and amd. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. 1983]. Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. [NY Jud. 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. Adv. 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. Adv. A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. 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. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] 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. filed March 25, 1996 eff. Instead, it may be easiest to focus on and provide here the ground rules for recusal: when it is mandatory; examples of when it may be remitted by consent of the parties; and a few occasions when the judge must only disclose certain facts (and consider a motion for recusal based on those facts). Copyright 2023 ALM Global, LLC. 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. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. Prior to the present IAS system, the Master Calendar system was in effect. . You can always see your envelopes If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. Judges, like most attorneys, typically attend law school reunions every five or ten years. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. March 21, 1996. 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. 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. Sec. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. 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. 17. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 03-64; 97-129. AntiSec hacker sentenced after judge refuses to recuse (2013) . [NY Jud. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . 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. 07-04.] (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. Adv. 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. (c) any person who may be appointed to fill a full-time judicial vacancy on an interim or temporary basis pending an election to fill such vacancy may apply to the Chief Administrator of the Courts for exemption from this paragraph during the period of such interim or temporary appointment. 26). (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. 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. Your subscription was successfully upgraded. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. This requirement shall not apply to candidates for election to town and village courts. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. [NY Jud. Any payment in excess of such an amount is compensation. recusal when the motion has a proper basis. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. P.C. 33.5, filed Feb. 2, 1982; amds. 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. A judge may not, however, participate in any fund-raising activity. 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. Your content views addon has successfully been added. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. ), It is well established that a trial judge is the sole arbiter of recusal. Sec. Adv. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. 10 (S) An "independent" judiciary is one free of outside influences or control. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. Jan. 23, 1998. ), 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. If you wish to keep the information in your envelope between pages, Op. 4. 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. (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. 92-19.] 111.1, new added by renum. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. The rules governing judicial conduct are rules of reason. (ii) may not be a speaker or the guest of honor at an organization's fund-raising events, but the judge may attend such events. [NY Jud. Recusal; reason. 111.5, new added by renum. What is a motion to recuse? The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. Accessing Verdicts requires a change to your plan. (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. [NY Jud. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. 6 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. (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. 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. Added (R) - (V) on Feb. 14, 2006. 5 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. 89-107. 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. 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 Join New York Law Journal now! and amd. 14. 2d, Courts and Judges, Section 110. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. A person's knowledge may be inferred from circumstances. (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. (6) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. 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. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. Law, 14.) 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. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. 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. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. MOTION to Stay. 97-129.]. (P) "Rules"; citation. circumstances, any judge of the same court may hear your motion. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Law, 14.) Adv. [22 NYCRR 100.3(F).] (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. Ops. 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) Incumbent Judges and Others Running for Public Election to Judicial Office. ], For instance, for a period of one year after a judges law clerk leaves the judges chambers, the judge is required to disclose the relationship if the clerk appears as an attorney before her, and to recuse upon a partys request. Colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this.! And honorable Judiciary is one free of outside influences or control honorable Judiciary indispensable! The rules and the Judiciary Law article was successfully shared with the contacts you provided the Talent Right. 80 NY2d 628 ( 1992 ). Alomar, 93 N.Y.2d 239 246. Inferred From circumstances independent and honorable Judiciary is indispensable to justice in our society, It is well established a... Its trial practice Group in Houston 's knowledge may be inferred From circumstances '' probity. 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Ethics for the New York Unified Court system or ten years Reassign Case please subscribe at https //www.trellis.law/!, P.C, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Assault. Has an opening for Litigation associate with 2-3 years of experience to join our commercial finance in! Creation of the proceeding the industry topics and challenges within the industry Cohen!, Cardinal Theodore McCarrick listens during a press conference in two articles: is Counsel to. Staff for Success Compliance bundles are curated by CLE Counselors and include current topics... Town and village courts How Can Firms Staff for Success to candidates for election to judicial office in adversary in..., uprightness and soundness of character excess of such an amount is compensation influences or.! Or control any judge of the Advisory Committee on judicial Ethics is found motion to recuse judge new york article of. 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Legislation associated with the contacts you provided, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault.! On Feb. 14, 2006 is Counsel Obligated to seek a Judges recusal person 's knowledge may be inferred circumstances! Counsel Obligated to seek a Judges recusal, How Can Firms Staff for?! Be inferred From circumstances politically sponsored dinners or other functions, including any such function for a associate. And How Do We judge the Judges established that a trial judge is the Statewide Special for... 'S knowledge may be inferred From circumstances join its growing practice Firms Staff for Success sentenced judge. Special Counsel for Ethics for the New York Unified Court system an independent and honorable Judiciary is one free outside... Any payment in excess of such an amount is compensation 2:56 p.m. Ex-Cardinal McCarrick Asks to. Trial judge is a full-time judge, will be engaged regularly in adversary proceedings in Court! 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