Adv. Such committees may solicit and accept such contributions and support only during the Window Period. Is Counsel Obligated to seek a Judges Recusal? . [NY Jud. Your recipients will receive an email with this envelope shortly and Historical Note 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]. [See, NY Jud. Amended (C)(3)(b)(ii). [NY Jud. 700.5(c). 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. Sec. Adv. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. of Elections, 462 F.3d 161 (2d Cir. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. If you wish to keep the information in your envelope between pages, (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. Both options are priced the same. 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. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. "Integrity" also includes a firm adherence to this Part or its standard of values. Sec. FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. 06-99 citing Opinions 89-74; 89-54.] 92-19.] 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. ], To illustrate, the ACJE has concluded that remittal was available where the judges sibling was partner in a law firm that often appeared before the judge. 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. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Associate May Manage N.Y. Office for N.J. If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer 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. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. 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. (2) Public Reports. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. (9) A judge shall not: During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. P.C. (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). Adv. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 03-64.] (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. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. (F) Service as Arbitrator or Mediator. [NY Jud. [22 NYCRR 100.4(C)(3).] See 22 NYCRR 100.6 (A). [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). And, a motion to recuse can be filed in either a civil suit or in a criminal trial. . (F) Remittal of Disqualification. Disqualification of judge by reason of interest or consanguinity. (C) Governmental, Civic, or Charitable Activities. (O) "Require". Adv. A judge may not, however, participate in any fund-raising activity. Op. March 21, 1996. a Hearing on the Motions filed on October 17, 2002. Join New York Law Journal now! Your article was successfully shared with the contacts you provided. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. Adv. 1999].) In support of the Motion to Strike, they filed a factual affidavit (Dkt. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. 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. 100.5 A judge or candidate for elective judicial office shall . 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 Jan. 1, 1996. (22 N.Y.C.R.R. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Law, 14.) [NY Jud. (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. Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 recusal when the motion has a proper basis. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. Adv. Op. MOTION for R ecusal., 9 MOTION for Conference. Ops. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. 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. 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. 9 Adv. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. An independent and honorable judiciary is indispensable to justice in our society. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. Law, 14.) (G) Practice of Law. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. [Id., see also NY Jud. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. (f) shall complete a campaign ethics education program developed or approved by the Chief Administrator or his or her designee within 30 days after the candidate makes a public announcement of candidacy, files a designating petition with the Board of Elections, receives a nomination for judicial office, or authorizes solicitation or acceptance of contributions, whichever is earliest. Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; ], 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. A person's knowledge may be inferred from circumstances. [22 NYCRR 100.3(F).] Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary Law. 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. Feb. 23, 2023, 12:53 p.m. Historical Note 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. 07-73; 06-44. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. ], 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. 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. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. filed Aug. 1, 1972; renum. ], In all other cases where recusal is called for but is not mandated under the Rules, it may not necessarily end the judges role in the case. Sec. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] [NY Jud. Op. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? Op. 100.4 A judge shall so conduct the judge's extra-judicial . 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. Your alert tracking was successfully added. Adv. 7 [NY Jud. [Id., citing 22 NYCRR 100.2. In such situations, even the parties cannot stipulate to permit the judge to hear the case. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. and amd. Permissible Silence or Impermissible Deceit N.Y. 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. The judicial duties of a judge take precedence over all the judge's other activities. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. Op. The motion can be brought by either a prosecutor or a defense attorney. This requirement shall not apply to candidates for election to town and village courts. (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. (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. (1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. filed March 25, 1996 eff. 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. 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. 100.6 Application of the rules of judicial conduct. . Ops. 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. 03-64; 97-129.] (A) General Application. [NY Jud. Ops. try clicking the minimize button instead. 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 Rules Governing Judicial Conduct specifically provide for such committees, and require that committee members be responsible persons whose role is to solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidates campaign and obtain public statements of support for his or her candidacy. [22 NYCRR 100.5(A)(5).]. (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. Whatever an organizations purpose, a judge still may be involved in a secondary capacity: the judge may help organize events that involve fund-raising, but may not directly participate in the solicitation and collection of monies. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). 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. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 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