(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. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN United States Magistrate Judge . Application of the rules of judicial conduct. [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. 2d at 297. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. circumstances, any judge of the same court may hear your motion. . 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. 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. and amd. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. [NY Jud. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. 97-129, quoting NY Jud. The sixth degree of relationship includes second cousins. [Id. Copyright 2023 ALM Global, LLC. ], 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. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. February 22, 2023. Plaintiff' s motions for recusal (ECF Nos. (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. (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. Adv. 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. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. 3 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. (iii) has an interest that could be substantially affected by the proceeding; (e) The judge knows that the judge or the judges spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding. . If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted and their lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge believes that he or she will be impartial and is willing to participate, the judge may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. "Integrity" also includes a firm adherence to this Part or its standard of values. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. 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. 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. 17. They can, but doing so can raise ethics issues during and after the campaign season. 8 As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. Historical Note ), It is well established that a trial judge is the sole arbiter of recusal. 07-37; 05-134. (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). Op. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. by clicking the Inbox on the top right hand corner. 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. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. [NY Jud. Judge Scheindlin's . (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. Your content views addon has successfully been added. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] (F) Remittal of Disqualification. Adv. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. What is a motion to recuse? filed Nov. 26, 1976; renum. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). Is Counsel Obligated to seek a Judges Recusal? (3) A judge shall not make unnecessary appointments. Op. (Id. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. Law, 14.) Your credits were successfully purchased. This requirement shall not apply to candidates for election to town and village courts. The judge's judicial duties include all the duties of the judge's office prescribed by law. 01-07. We noticed that you're using an AdBlocker. 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. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. [NY Jud. (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. Your article was successfully shared with the contacts you provided. Disqualification of judge by reason of interest or consanguinity. A Judge would conference the case with counsel in order to promote a settlement. ], 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. All Rights Reserved. 90-182. Judicial candidates may not, for example, personally solicit or accept campaign contributions. See also NY Jud. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . Ops. A judge shall so conduct the judge's extra-judicial . 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. Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. (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. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 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]. 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. . [NY Jud. 6 (A) General Application. 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. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 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. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? 100.2 A judge shall avoid impropriety and the appearance . The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. Op. Adv. [See, NY Jud. ], 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. "Paragraph"-refers to a provision designated by an arabic numeral (1). 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. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. 06-111.] The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. Adv. 1983]. 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