(B) Judge as Candidate for Nonjudicial Office. Jan. 1, 1996. [NY Jud. (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. [22 NYCRR 100.3(F). The majority of the trial court judgeships in New York State are attained through elective judicial office. 111.6, new added by renum. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. 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. (C) The "degree of relationship" is calculated according to the civil law system. Law, 14.) 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. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. Most attorneys are aware that they have a duty, under certain circumstances, to report colleagues in the profession who engage in professional misconduct or otherwise demonstrate reasons to question their honesty, trustworthiness, or fitness as lawyers. 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. 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. . 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. 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. 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 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. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] (1) Compensation and Reimbursement. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 11 Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Adv. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. try clicking the minimize button instead. and amd. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. (O) "Require". 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. A law . A group of real estate investors alleged in a . 111.4, new added by renum. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. . Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Accessing Verdicts requires a change to your plan. Your recipients will receive an email with this envelope shortly and In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. 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 A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Last. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? Op. 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. 2d 971 [1998]. R. A. P. 15 (a). (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. 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. 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. (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. (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. Adv. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. A Judge would conference the case with counsel in order to promote a settlement. Op. [22 NYCRR 100.4(C)(3).] Adv. Adv. 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. (K) "Nonpublic information" denotes information that, by law, is not available to the public. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. Application of the rules of judicial conduct. (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. If you wish to keep the information in your envelope between pages, [NY Jud. Op. 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. (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; If the individual facts and circumstances provided are insufficient in detail to enable the panel to render an advisory opinion, the panel shall request supplementary information from the judge or justice to enable it to render such opinion. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . 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]. (G) Practice of Law. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Adv. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). Sec. 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. ), [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. In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. Sec. [22 NYCRR 100.5(A)(5).] Preamble filed Aug. 1, 1972; renum. Sec. Motion To Recuse Judge New York. Join New York Law Journal now! Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Ops. 100.4 A judge shall so conduct the judge's extra-judicial . (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. "Subdivision"-refers to a provision designated by a capital letter (A). 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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Do not send your Motion papers directly to the judge's chamber. Adv. 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. Adv. The "internal test" requires The rules are not intended as an exhaustive guide for conduct. of Elections, 462 F.3d 161 (2d Cir. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. (E) Relationship to Code of Judicial Conduct. Functions of the chief administrator of the courts. (i) will be engaged in proceedings that ordinarily would come before the judge, or [NY Jud. (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. . . (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. 97-129.]. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. 2d, Courts and Judges, Section 110. Adv. 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. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. This requirement shall not apply to candidates for election to town and village courts. 14. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. Associate May Manage N.Y. Office for N.J. by clicking the Inbox on the top right hand corner. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. 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. (F) Remittal of Disqualification. [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. 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. (C) Administrative Law Judges. ], 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. 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. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. [NY Jud. 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. (D) Time for Compliance. Law, 14.) [NY Jud. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. "Paragraph"-refers to a provision designated by an arabic numeral (1). Both options are priced the same. Adv. Sec. . Adv. You can always see your envelopes (C) Governmental, Civic, or Charitable Activities. 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. 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