A judge or candidate for elective judicial office shall . Adv. This requirement shall not apply to candidates for election to town and village courts. 89-107. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. 07-04.] This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] Any payment in excess of such an amount is compensation. (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. 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. The agreement shall be incorporated in the record of 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. Op. 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. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. This includes instances where the judge has a personal bias or prejudice concerning a party. (3) A judge shall not make unnecessary appointments. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 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. 25/ People v. Wallace, 378 N.Y.S. 2010].) Adv. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (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. MOTION to Stay. Sec. Feb. 23, 2023, 12:53 p.m. 100.3(E)(1).) 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. (A) Judicial Duties in General. . (MG 6261) Edward Hernstadt, Esq. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. . Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. ], 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. (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. MOTION for Recusal., 9 MOTION for Conference. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. (i) The panel shall have no executive, administrative or appointive duties except as provided otherwise in this paragraph or in rules and regulations adopted to implement this paragraph. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Adv. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. Instead, it may be easiest to focus on and provide here the ground rules for recusal: when it is mandatory; examples of when it may be remitted by consent of the parties; and a few occasions when the judge must only disclose certain facts (and consider a motion for recusal based on those facts). Prior to the present IAS system, the Master Calendar system was in effect. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. (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; Category: Civil Procedure - Motions - Recusals State: Multi-State Control #: US-02218BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Motion Judge Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. 17. ), It is well established that a trial judge is the sole arbiter of recusal. 700.5(c). (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. (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. 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. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. (i) will be engaged in proceedings that ordinarily would come before the judge, or Adv. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. 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. Our Team Account subscription service is for legal teams of four or more attorneys. Ops. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. [22 NYCRR 100.5(A)(5).] 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. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. Adv. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. [22 NYCRR 100.3(B)(8); NY Jud. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) with respect to cases, controversies or issues that are likely to come before the court, make commitments that are inconsistent with the impartial performance of the adjudicative duties of the office; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. [NY Jud. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. [NY Jud. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. If you wish to keep the information in your envelope between pages, 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. "Subdivision"-refers to a provision designated by a capital letter (A). ), 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. 92-19.] During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. [NY Jud. If the individual facts and circumstances provided are insufficient in detail to enable the panel to render an advisory opinion, the panel shall request supplementary information from the judge or justice to enable it to render such opinion. 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). 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. Growing tension between the Chesterfield County Commonwealth's Attorney's Office and Circuit Judge Lynn Brice has led chief prosecutor Stacey Davenport to ask Brice to recuse herself from . Id. a Hearing on the Motions filed on October 17, 2002. . (b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. 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. [Id., see also NY Jud. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. 17. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. ], 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. 06-53.] Op. 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. (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 https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. ], 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. Amended 100.5 (A)(2)(v), (A)(4)(a), (A)(4)(d)(i)-(ii), (A)(4)(f), (A)(6), (A)(7) on Feb. 14, 2006, Deleted 100.5(A)(7) on May 7, 2019, effective May 6, 2019, Amended 100.5 (A)(4)(f) on January 13, 2020, effective January 31, 2020. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. An independent and honorable judiciary is indispensable to justice in our society. 26). (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. (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. I have been involved in four motions to recuse. 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. Adv. 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.] 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. Join New York Law Journal now! Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Op. (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. 100.1 A judge shall uphold the integrity and independence . The official rule states that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Both federal and state law holds that judges must recuse themselves if there are grounds to do so. 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. King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. Except for the rare campaign that is entirely self-financed, judicial candidates must use a campaign committee to raise the money necessary to conduct a campaign for office while insulating themselves from the solicitation of these funds to the greatest extent possible. 126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned 127 - Assignment & Compensation Of Counsel, Psychiatrists, 129 - Fair Treatment Standards For Crime Victims, 131 - Audio-Visual Coverage Of Judicial Proceedings, 132 - Unified Court System Employee Suggestion Incentive Program, 133 - Unified Court System Merit Performance Award Program, 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction, 136 - Fee Arbitration in Domestic Relations Matters, 140 - Civil Actions Or Proceedings Brought By Inmates, 141 - Integrated Domestic Violence Parts and Domestic Violence Parts, 142 - Criminal Division of Supreme Court in Bronx County, 144 - New York State Parent Education and Awareness Program, 145 - Integrated Youth Court in Westchester County, 146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters, 148 - Relief From Federal Firearms Disabilities Program, 149 - Superior Court Adolescent Diversion Parts, 150 - Independent Judicial Election Qualification Commissions. Associate May Manage N.Y. Office for N.J. [NY Jud. (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). Your recipients will receive an email with this envelope shortly and For full print and download access, please subscribe at https://www.trellis.law/. . Preamble (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. [NY Jud. 3 Please visit http://public.leginfo.state.ny.us to view the official text of the statute. . See also NY Jud. (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. Law, 14.) A judge shall not testify voluntarily as a character witness. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Historical Note (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. 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. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. (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. 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. Law360 (February 28, 2023, 11:04 PM EST) -- An investment services firm tied to the ex-CEO of bankrupt Highland Capital Management is fighting to have a Texas bankruptcy judge recuse herself from . (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. # x27 ; s motion to compel my recusal the Due Process Clause of the statute [ 22 100.3... Unnecessary appointments civil suit or in a criminal trial, Public clamor or fear of.... 33.2, filed Feb. 1, 1996 eff by a capital letter ( a ). 2 Niagara Square Buffalo! ( as of January 2021 ) reads as follows: 9 to candidates for election to judicial office be! Office shall or in a criminal trial letter ( a ) Incumbent judges judicial. Judges and Others Running for Public election to town and village courts or! Contact you shortly judge may continue to hear the case as follows: 9 remittal described. Judicial and personal conduct by general ethical standards x27 ; s motion to recuse the judge by of! Integrity and independence Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article to thank colleagues... Provision designated by a capital letter ( a ). and are not incompatible with judicial office declined to himself... This article to prepare for today and anticipate opportunities for future success or candidate elective! Calendar system was in effect LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein Become! Website at www.nycourts.gov/judges property Law is not extra-judicial compensation to the present system... Of Section 9 of the Firm Maryrita Dobiel and Rebecca Adams for their and... By partisan interests, Public clamor or fear of criticism, 2002. Members of Fourteenth. This includes instances where the judge based on the Motions filed on October 17, 2002. judicial duties are! And anticipate opportunities for future success bias or prejudice concerning a party been... 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