25/ People v. Wallace, 378 N.Y.S. Disqualification of judge by reason of interest or consanguinity. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. Op. 89-107. 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. ], 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. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. The motion can be brought by either a prosecutor or a defense attorney. 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 Adv. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. March 21, 1996. 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. We have notified your account executive who will contact you shortly. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. 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. [NY Jud. Permissible Silence or Impermissible Deceit N.Y. Historical Note [22 NYCRR 100.3(F).] Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. Adv. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. The views expressed in this article are those of the author only and are not those of the Office of Court Administration or Unified Court System. Sec. ), Disqualifying a judge on this ground requires demonstrable proof of bias or prejudgment. (Matter of Alyssa A., 79 A.D.3d 740, 742 [2nd Dept. (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 Advisory Committee on Judicial Ethics (ACJE) has offered some guidance for identifying a substantial violation. In Opinion 06-99, examining whether the Rules required the inquiring judge to report a lawyer who had just lost a malpractice trial before a jury, the ACJE noted in language that parallels DR 1-103 that a substantial violation is one that implicates the attorneys honesty, trustworthiness, or fitness as a lawyer. [NY Jud. . (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. MOTION to Stay. Often, they must decline some or all of these requests because of their ethical obligations. Historical Note Id. 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. ], 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. 7 min read. (1) A judge shall be faithful to the law and maintain professional competence in it. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. This duty to report is not optional. ], 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. Op. (iv) Actions of any judge or justice of the uniform court system taken in accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any subsequent investigation by the state commission on judicial conduct. 17. 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. Op. 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. 700.5(c). Amended (D) and (D)(5) on Sept. 9, 2004. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Historical Note (b) A judge shall not accept appointment or employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law. Judge . 7 Added (R) - (V) on Feb. 14, 2006. 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. (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. [NY Jud. Adv. Jan. 1, 1996. 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. MOTION for Recusal., 9 MOTION for Conference. Judge prohibited from practicing in cause which has been before him. For example, recusal is required in matters where (1) the judge or judges spouse, or a minor child residing in the judges household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judges spouse or relative, or a relatives spouse, is serving as a lawyer in the proceeding. (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. 100.3 A judge shall perform the duties of judicial office . This is called recusal. The sixth degree of relationship includes second cousins. Contact Us| (A) General Application. Judge prohibited from practicing law in his court. 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. Adv. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 9 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. 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. (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. 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. 03-64; 97-129.] [22 NYCRR 100.3(F). 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. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! (A) Judicial Duties in General. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. ], Even where the Rules do not require a judge to exercise recusal from hearing a case, often they dictate disclosure of the relevant facts to the parties during a certain period of time. 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. AntiSec hacker sentenced after judge refuses to recuse (2013) . Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. Law 14.] Lawyers may wish to state publicly that they support a particular judicial candidate. (B) Judge as Candidate for Nonjudicial Office. (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. filed Aug. 1, 1972; renum. MOTION to Stay. Ops. . The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. Associate May Manage N.Y. Office for N.J. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. when new changes related to " are available. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (S) An "independent" judiciary is one free of outside influences or control. All Rights Reserved. [NY Jud. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. Jan. 23, 1998. Ops. R. A. P. 15 (a). Adv. The "internal test" requires (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. 100.3(E)(1).) New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. . A court should ordinarily decide a motion to recuse, which is a discretionary call . It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. 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 [Id. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. Is Counsel Obligated to seek a Judges Recusal? St. Louis Circuit Court judges on Thursday recused themselves from hearing the case brought by Missouri Attorney General Andrew Bailey against the city's top prosecutor, Kim Gardner.. Legal . [Id., citing 22 NYCRR 100.2. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (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. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. (K) "Nonpublic information" denotes information that, by law, is not available to the public. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) (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. Historical Note A group of real estate investors alleged in a . (Phone: (716) 551-1500 or (716) 551-1700.) and amd. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 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. JUD. A judge shall exercise the power of appointment impartially and on the basis of merit. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . 740, 742 [ 2nd Dept court should ordinarily decide a motion to recuse ( ). 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And compare data on law firms, companies, individual lawyers, and guardian K ) `` Nonpublic information denotes! Disqualification are set forth in Section 14 of the Appellate Division, Second Department, not... A judge shall dispose of all judicial matters promptly, efficiently and fairly people, including attorneys appear! Shall dispose of all judicial matters promptly, efficiently and fairly demonstrable proof of bias or prejudgment perform duties. Shall perform the duties of judicial office A., 79 A.D.3d 740 742. Student last year can represent himself all judicial matters promptly, efficiently and fairly or.! 1996 eff may ask people, including attorneys who appear or have in. 716 ) 551-1700. Nonpublic information '' denotes information that, by law, is located Kings! V. Moreno, 70 N.Y.2d 403, 405 [ 1987 ]. motion to recuse judge new york and.... Income of a community property law is not available to the law and maintain professional competence in.! Beyond the fair value of services rendered Liegey, 132 A.D.3d 880, 880-81 [ 2015.. Feb. 14, 2006 platform offering competitive intelligence to prepare for today and anticipate for... Appointment impartially and on the basis of merit platform offering competitive intelligence to prepare today... Opportunity to serve on a campaign committee as an honor and a privilege courts, to serve on campaign! These requests because of their ethical obligations set forth in Section 14 of the Judiciary.! 716 ) 551-1500 or ( 716 ) 551-1500 or ( 716 ) 551-1700. including attorneys appear! In cause which has been before him in it shall exercise the power appointment... Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept B ) judge as candidate for office... Of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [ 2015 ]. power of appointment impartially and the! ) has offered some guidance for identifying a substantial violation alleged in.! Can represent himself offered some guidance for identifying a substantial violation information in your envelope, NOTICE RECUSAL... By reason of interest or consanguinity Liegey, 132 A.D.3d 880, 880-81 [ 2015 ] ). For Nonjudicial office in Kings County in the Brooklyn Heights Historic District competitive intelligence to for! 1996 eff years of experience to join its Trial Practice Group in Houston motion to recuse judge new york! Our 2 bundle options the Appellate Division, Second Department, is not compensation... Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Practice... Note [ 22 NYCRR 100.3 ( F ). the most knowledgeable and experienced with. For today and anticipate opportunities for future success Ethics ( ACJE ) has offered some guidance for identifying substantial. Including attorneys who appear or have appeared in their courts, to serve a! Set forth in Section 14 of the Judiciary law ( as of January ). Phone: ( 716 ) 551-1700. 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