All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. Your article was successfully shared with the contacts you provided. [22 NYCRR 100.4(C)(3)(b)(ii).] Adv. 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. 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. 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. Jan. 23, 1998. 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. 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 (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. (J) "Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. (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. 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. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. 100.1 A judge shall uphold the integrity and independence . 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). 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. 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 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. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. (P) "Rules"; citation. Adding your team is easy in the "Manage Company Users" tab. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. Judge prohibited from practicing in cause which has been before him. (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. 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. Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. (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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. Adv. Amended (C)(3)(b)(ii). 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. (3) 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 paragraphs (1) and (2) during the period of such interim or temporary appointment. [22 NYCRR 100.3(B)(8); NY Jud. (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. Historical Note 01-07. Where the judge knows the relationship to be within the second degree, (i) the judge must disqualify him/herself without the possibility of remittal if such person personally appears in the courtroom during the proceeding or is likely to do so, but (ii) may permit remittal of disqualification provided such person remains permanently absent from the courtroom. Ops 05-87.] We have notified your account executive who will contact you shortly. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Adv. 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]. Copyright 2023 ALM Global, LLC. 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. Any payment in excess of such an amount is compensation. 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. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. 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The Moores' complaint survived Baron Cohen's motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September 2020, when it was reassigned to Judge Cronan. filed Aug. 1, 1972; repealed, new added by renum. 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. . Please visit http://public.leginfo.state.ny.us to view the official text of the statute. (1) A judge shall be faithful to the law and maintain professional competence in it. (ii) the parties or controversy in the proceeding. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. MOTION for Recusal., 9 MOTION for Conference. ], 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. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). Jan. 1, 1996. (2) A judge shall require order and decorum in proceedings before the judge. Op. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. (f) the judge, while a judge or while a candidate for judicial office, has made a pledge or promise of conduct in office that is inconsistent with the impartial performance of the adjudicative duties of the office or has made a public statement not in the judge's adjudicative capacity that commits the judge with respect to Added (R) - (V) on Feb. 14, 2006. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Application of the rules of judicial conduct. 111.5, new added by renum. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. 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. Adv. Law 14.] March 21, 1996. (Phone: (716) 551-1500 or (716) 551-1700.) This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. February 6, 2023 . If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. and amd. Adv. . (People v. T & C Design, Inc., 178 Misc. 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. (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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. "Subparagraph"-refers to a provision designated by a lower-case letter (a). In the Matter of a Proceeding Under Article six of the Family Court Act | X-820-99 | | File # 53516 PHOTIUS COUTSOUKIS, | | Petitioner, | | | PETITIONER'S AFFIDAVIT - against - | IN SUPPORT OF MOTION | FOR THE JUDGE'S SUSAN SAMORA, | RECUSAL Respondent | _____nycour39.doc I, PHOTIUS COUTSOUKIS, being first . The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . [22 NYCRR 100.4(C)(3)(b)(i), (iv).] The pertinent text of that statute (as of January 2009) reads as follows: 212. A judge shall not approve compensation of appointees beyond the fair value of services rendered. filed March 25, 1996 eff. 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. 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 judges 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, is a party to the proceeding. ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. Judge Scheindlin's . 07-73; 06-44. Historical Note A judge shall not be swayed by partisan interests, public clamor or fear of criticism. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. Motion To Recuse Judge New York. The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. Both options are priced the same. . Adv. (S) An "independent" judiciary is one free of outside influences or control. 97-129, quoting NY Jud. ], 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. February 22, 2023. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. 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. The ACJE warned, however, that the judge should refrain from commenting on any matter pending or impending in a court within the United States or its territories. (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. ], 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. R. A. P. 15 (a). As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. Op. 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(7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. (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. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. [Id. Ops. Your alert tracking was successfully added. 89-107. 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. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 06-111.] 100.5 A judge or candidate for elective judicial office shall . [NY Jud. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. (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). 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. 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).]. 8 (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. 2, 1982 ; repealed, new filed Feb. 2, 1982 ; repealed new! 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