. 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. A judge or candidate for elective judicial office shall . https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. 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. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to 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, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. . Join New York Law Journal now! This duty to report is not optional. 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. Motion To Recuse Judge New York. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. 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. 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). 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. Op. filed Nov. 26, 1976; renum. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. (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. 03-110.]. Consult your attorney for legal advice. I have been involved in four motions to recuse. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. [NY Jud. Any payment in excess of such an amount is compensation. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. Adv. 100.3 A judge shall perform the duties of judicial office . (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. Permissible Silence or Impermissible Deceit N.Y. Judge Scheindlin's . In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. (F) Service as Arbitrator or Mediator. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. (2) A judge shall require order and decorum in proceedings before the judge. Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. 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 [NY Jud. 03-64.] A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. 25/ People v. Wallace, 378 N.Y.S. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. 97-129, quoting NY Jud. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. 03-64; 97-129. Your subscription has successfully been upgraded. (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. recusal when the motion has a proper basis. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 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. 4 What is a motion to recuse? (D) Time for Compliance. (Phone: (716) 551-1500 or (716) 551-1700.) [22 NYCRR 100.4(C)(3)(b)(ii).] The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. (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. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. Op. A law . 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. (10) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 111.6, new added by renum. 100.5 A judge or candidate for elective judicial office shall . Law 14.] ), 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. 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. (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. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. ), It is well established that a trial judge is the sole arbiter of recusal. Ops. Adv. Similarly, [n]o judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. A full-time judge shall not practice law. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 7 min read. If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. of Elections, 462 F.3d 161 (2d Cir. ], 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. 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 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. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. (1) A judge shall be faithful to the law and maintain professional competence in it. Your article was successfully shared with the contacts you provided. 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. 2d at 297. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! But attorneys should be aware: such service, depending on the degree of involvement, can have lasting effects on the lawyers ability to practice before that judge, and even the lawyers firms ability to appear in that judges court, well beyond the campaign and election. . A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). Op. Adv. Ross, Sergeant Shim, Jeanne Wong AS THE ADMINISTRATOR OF THE ESTATE OF DAVID TAI WAI WONG v. Pa, NOTICE OF APPEAL *Corrected* - for Nov 23, 2022 "Decision, Order and Judgm, EXHIBIT(S) - 1 (Motion #6) *Corrected* - "legal autopsy"/analysis of Nov 2, MEMORANDUM OF LAW IN SUPPORT (Motion #002) - 2022.12.03_Memorandum of Law , Barbara H. Urbach Lissner v. Libra Max, Edward Tricomi, AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002) - 2022.12.03_Eilender Af, General Jury Verdict vs. 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. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) Op. Sec. The judge's judicial duties include all the duties of the judge's office prescribed by law. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. Written proof of compliance must be filed with the Judicial Campaign Ethics Center within 14 days of completing the training, unless the candidate is granted a waiver of this requirement for good cause shown. filed Aug. 1, 1972; amd. Op. Historical Note [Id., citing 22 NYCRR 100.2. 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. 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).]. 06-99 citing Opinions 89-74; 89-54.] This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. 100.2 A judge shall avoid impropriety and the appearance . This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Adv. 1983]. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. (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. See 22 NYCRR 100.6 (A). [Id., see also NY Jud. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. (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. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. United States Magistrate Judge . Ops. (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. After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. ], 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. 06-53; 01-03.] But no judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? 471. Added (R) - (V) on Feb. 14, 2006. Associate May Manage N.Y. Office for N.J. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. March 21, 1996. The judicial duties of a judge take precedence over all the judge's other activities. filed Aug. 1, 1972; renum. A Judge may decide to recuse himself if he is related to one of the parties. [Id. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . 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. (A) Extra-Judicial Activities in General. Your credits were successfully purchased. (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. They are not designed or intended as a basis for civil liability or criminal prosecution. 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 Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . 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. (F) Remittal of Disqualification. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. Does this mean that lawyers cannot support judicial candidates? Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). Your content views addon has successfully been added. Adv. Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. Historical Note 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. U.S. District Judge Mary. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Judicial candidates are not limited to awaiting volunteers for their campaign. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. (ii) is an officer, director or trustee of a party; A Judge would conference the case with counsel in order to promote a settlement. Op. 89-107. Adv. Preamble 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. and amd. ], 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. In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. [22 NYCRR 100.3(F). (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. 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. 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. Editorial: Texas child porn crackdown reminds us of horrors that victims face. Sec. St. Louis Circuit Court judges on Thursday recused themselves from hearing the case brought by Missouri Attorney General Andrew Bailey against the city's top prosecutor, Kim Gardner.. Legal . 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. Ops. (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. MOTION to Stay. and amd. 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. This includes instances where the judge has a personal bias or prejudice concerning a party. (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. Jan. 1, 1996. ET. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. ), [N]o judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. (Jud. Our Team Account subscription service is for legal teams of four or more attorneys. (H) Compensation, Reimbursement and Reporting. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. The text of those provisions (as of February 2014) reads as follows: 16. 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. 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. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. 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 is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 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. Sec. 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. Op. 97-129.] Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? Your alert tracking was successfully added. [NY Jud. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. Adv. Op. MOTION for Recusal., 9 MOTION for Conference. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. Judge is the Statewide Special Counsel for Ethics for the New York is... 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