[NY Jud. Jan. 1, 1996. 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. This requirement shall not apply to candidates for election to town and village courts. (Phone: (716) 551-1500 or (716) 551-1700.) (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. 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. The rules governing judicial conduct are rules of reason. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. 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. [NY Jud. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? We noticed that you're using an AdBlocker. filed Aug. 1, 1972; renum. . The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. 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. 111.6, new added by renum. recusal when the motion has a proper basis. Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Adv. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. The judge's judicial duties include all the duties of the judge's office prescribed by law. Adv. Both options are priced the same. (i) an issue in the proceeding; or The sixth degree of relationship includes second cousins. The rules are not intended as an exhaustive guide for conduct. 06-53; 01-03.] 7 [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. (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. 05-134.] 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. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. (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. A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. March 21, 1996. (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. (Id. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. ], 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. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. 100.3 A judge shall perform the duties of judicial office . This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. (C) Governmental, Civic, or Charitable Activities. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. A judge shall perform the duties of judicial office . 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).]. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. (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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. Do not send your Motion papers directly to the judge's chamber. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 8 Ops. All Rights Reserved. They can, but doing so can raise ethics issues during and after the campaign season. Op. [Id., see also NY Jud. In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. "Paragraph"-refers to a provision designated by an arabic numeral (1). [22 NYCRR 100.5(A)(5).] 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. 111.2, new added by renum. Adv. Adv. 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. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. (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. 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. . Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. The "internal test" requires (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 judicial duties of a judge take precedence over all the judge's other activities. Read this complete Code of Federal Regulations Title 28. Historical Note 100.5 A judge or candidate for elective judicial office shall . (People v. T & C Design, Inc., 178 Misc. 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. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] Copyright 2023 ALM Global, LLC. Jan. 1, 1996. A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. filed Aug. 1, 1972; renum. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN Lawyers may wish to state publicly that they support a particular judicial candidate. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. (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. A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. 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 . (G) Practice of Law. 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. 100.3(E)(1).) Consult your attorney for legal advice. 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. (ii) the parties or controversy in the proceeding. If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. (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. The agreement shall be incorporated in the record of the proceeding. Ops. A full-time judge shall not practice law. The rules are designed to provide guidance to judges and candidates for elective judicial office and to provide a structure for regulating conduct through disciplinary agencies. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? (2) Public Reports. A person's knowledge may be inferred from circumstances. Recusal; reason. Background 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. [NY Jud. Amended (A)(2)(v). In the performance of these duties, the following standards apply. "Subparagraph"-refers to a provision designated by a lower-case letter (a). Adv. 6 A judge shall avoid nepotism and favoritism. 03-110.]. Jan. 23, 1998. 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. 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. Ops. February 6, 2023 . 06-99 citing Opinions 89-74; 89-54.] Site Map, Advertise| (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Adv. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 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. [22 NYCRR 100.4(C)(3).] Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. Include all the duties of a judge take precedence over all the duties judicial! As an exhaustive guide for conduct or clerk prohibited from practicing before or! Circumstances, agree to allow the judge 's judicial duties include all the judge 's other Activities People... ( v ). ] 28 USCS SEC to town and village courts from practicing him. 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