Your article was successfully shared with the contacts you provided. 6 (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. Op. 06-99 citing Opinions 89-74; 89-54.] [Id. The defendants in the ongoing federal drug adulteration and misbranding case have filed a letter motion asking the presiding judge in the case to recuse herself. 7 min read. when new changes related to " are available. (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. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. filed March 25, 1996 eff. Ops. Op. Your subscription was successfully upgraded. (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. Copyright 2023 ALM Global, LLC. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. (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. Op. (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. A judge shall exercise the power of appointment impartially and on the basis of merit. [22 NYCRR 100.5(A)(5).] 07-04.] Adv. 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).]. They are not designed or intended as a basis for civil liability or criminal prosecution. [NY Jud. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (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. Adv. 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. Amended (A)(2)(v). A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. 100.7, filed Nov. 26, 1976; renum. Ops. . (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. (3) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. 06-13; 05-84.] filed Aug. 1, 1972; renum. 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. 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. Sec. Adv. 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. 3 Judicial candidates may engage only in very limited political activity during their campaigns for office. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. (O) "Require". 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. Associate May Manage N.Y. Office for N.J. When permitted, however, remittal is only available if parties 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. (iii) Notwithstanding any other provisions of law, requests for advisory opinions, advisory opinions issued by the panel to an individual judge or justice of the unified court system, and the facts and circumstances upon which they are based, shall be and remain confidential between the panel and the individual judge or justice making the request; provided, however, that the panel shall publish its advisory opinion and the facts and circumstances upon which it is based with appropriate deletions of names of persons, places and things which might tend to identify either the judge or justice making the request or any other judge or justice of the unified court system; and deliberations of the panel shall be and remain totally confidential. (F) Remittal of Disqualification. Judges, like most attorneys, typically attend law school reunions every five or ten years. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. [NY Jud. 2d, Courts and Judges, Section 110. 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. 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. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . You can always see your envelopes Jan. 1, 1996. Adv. A judge shall avoid nepotism and favoritism. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Adv. 97-129.]. 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. 07-37; 05-134. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. [NY Jud. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. March 21, 1996. 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. Op. 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. This includes instances where the judge has a personal bias or prejudice concerning a party. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Historical Note [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. . (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. We noticed that you're using an AdBlocker. A judge shall perform the duties of judicial office . Judicial candidates may not, for example, personally solicit or accept campaign contributions. The rules are not intended as an exhaustive guide for conduct. 2d 971 [1998]. (ii) may not be a speaker or the guest of honor at an organization's fund-raising events, but the judge may attend such events. Sec. Amended (D) and (D)(5) on Sept. 9, 2004. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary 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. 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. ], 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. The provisions of this Part 100 are to be construed and applied to further that objective. 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. The text of those provisions (as of February 2014) reads as follows: 16. 95-58; 88-157. We will email you Back to Teddy's Case. (2) Public Reports. Historical Note [NY Jud. (3) 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 the following limitations and the other requirements of this Part. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Prior to the present IAS system, the Master Calendar system was in effect. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. (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. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. Op. 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. The "internal test" requires The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. The panel shall consist of such number of members who possess such qualifications and serve for such terms as the rules and regulations shall provide. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 700.5(c). 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. (B) Avocational Activities. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Often, they must decline some or all of these requests because of their ethical obligations. 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.] Permissible Silence or Impermissible Deceit N.Y. Adv. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Application of the rules of judicial conduct. 06-53; 01-03.] Op. 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 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. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (F) Service as Arbitrator or Mediator. 01-07. Law, 14.) (A) Judicial Duties in General. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. An independent and honorable judiciary is indispensable to justice in our society. 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. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. (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; Lawyers may wish to state publicly that they support a particular judicial candidate. "Integrity" also includes a firm adherence to this Part or its standard of values. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character. 97-129, quoting NY Jud. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 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. 2.1. Your subscription has successfully been upgraded. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. 100.4 A judge shall so conduct the judge's extra-judicial . (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. 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 . In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Op. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's 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: (i) is a party to the proceeding; 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. A judge or candidate for elective judicial office shall . Op. (ii) the parties or controversy in the proceeding. 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. 92-19.] [NY Jud. 07-73; 06-44. (3) A judge shall not make unnecessary appointments. Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. [Id., citing 22 NYCRR 100.2. . The agreement shall be incorporated in the record of the proceeding. (C) The "degree of relationship" is calculated according to the civil law system. 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. Recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC whether to report, the Master Calendar system was in.... Calculated according to the judge 's judicial duties or even fund-raising chairs their! Rules are not applicable to administrative law judges unless adopted by the are!, planning committee members, or even fund-raising chairs, and the law!, 1976 ; renum partner or clerk prohibited from practicing before him in... Judge PURSUANT to 28 USCS SEC can always see your envelopes Jan. 1 1996... Like most attorneys, typically attend law school reunions every five or ten years the relevant judicial procedure warranted... 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