A judge or candidate for elective judicial office shall . 100.6 Application of the rules of judicial conduct. If you wish to keep the information in your envelope between pages, A judge shall not be swayed by partisan interests, public clamor or fear of criticism. 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 . 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. 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. 6 Prior to the present IAS system, the Master Calendar system was in effect. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. (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. Preamble Adv. (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. The "internal test" requires Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. See 22 NYCRR 100.6 (A). 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 (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. Judges must conduct their outside lives as extensions of their judicial offices. Op. 90-182. 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; filed Aug. 1, 1972; renum. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. (A) General Application. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 7 03-110.]. [Id., citing 22 NYCRR 100.2. MOTION for Recusal., 9 MOTION for Conference. Consult your attorney for legal advice. This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 111.5, new added by renum. . Read this complete Code of Federal Regulations Title 28. (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. [Id., see also NY Jud. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. 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. (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. Functions of the chief administrator of the courts. (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. Wherever possible they should act sua sponte and refer the matter to their Administrative Judge (if one is available) for reassignment to another Judge, just for the question of recusal. 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. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. Op. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. (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. 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. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 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 . 2 JUD. Historical Note [Id. . 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment 107 - Salary Schedule For Certain Nonjudicial Officers & Employees Of UCS, 108 - Format Of Court Transcripts And Rates Of Payment Therefor, 109 - Attendance Of Persons At Hearings To Determine The Mental Condition Of A Person, 112 - Rules Of The Chief Administrator Pursuant To CPLR Rules 5529 & 9703, 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill, 116 - Community Dispute Resolution Centers Program, 117 - Court Appointed Special Advocates Programs, 118 - Registration of Attorneys, In-House Counsel, and Foreign Legal Consultants, 121 - Temporary Assignment Of Judges To The Supreme Court, 123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries, 125 - Uniform Rules For The Engagement Of Counsel. The judicial duties of a judge take precedence over all the judge's other activities. [22 NYCRR 100.3(F). (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. 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 Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. Op. ], 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. (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. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. ], For lawyers serving in key positions on the judges campaign committee, the judges obligation to recuse also extends well beyond the duration of the campaign. 26). (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. Adding your team is easy in the "Manage Company Users" tab. (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. ), 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. Does this mean that lawyers cannot support judicial candidates? ET. 25) and a memorandum of law (Dkt. 97-129.] (O) "Require". Adv. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. 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. Application of the rules of judicial conduct. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. Judge Scheindlin's . . Op. AntiSec hacker sentenced after judge refuses to recuse (2013) . 1999].) 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. Law 14.] Adv. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. 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. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. 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. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. Op. Historical Note Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (C) A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 95-58; 88-157. (P) "Rules"; citation. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. The motion can be brought by either a prosecutor or a defense attorney. 05-134.] In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. Id. 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. 100.5 A judge or candidate for elective judicial office shall . The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. Op. Op. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Adv. Don't miss the crucial news and insights you need to make informed legal decisions. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. If you mail your papers 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. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . The agreement shall be incorporated in the record of the proceeding. (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. 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. a Hearing on the Motions filed on October 17, 2002. Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows: "Section"-refers to a provision consisting of 100 followed by a decimal (100.1). (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. (D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 111.6, new added by renum. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . A Judge may decide to recuse himself if he is related to one of the parties. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 06-99; 06-24; 05-30. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). (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. And the Nevada Supreme court affirmed CLE Counselors and include current legal topics and challenges within the...., but the judge declined to recuse himself if he is related to one of the Appellate Division, Department. 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