Amended (D) and (D)(5) on Sept. 9, 2004. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Judge Scheindlin's . 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. (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. (O) "Require". (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. . 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. . 4. 02-39; 90-175. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. A full-time judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Part, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions: (a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity. Ops. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. Associate May Manage N.Y. Office for N.J. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. 03-64.] Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Adv. ], 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. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] . 111.5, new added by renum. filed Nov. 26, 1976; renum. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 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. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. (1) A judge shall be faithful to the law and maintain professional competence in it. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. Partner , Need help? (C) Governmental, Civic, or Charitable Activities. 07-37; 05-134. [NY Jud. filed Aug. 1, 1972; amd. [NY Jud. . 03-64; 97-129.] Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. February 22, 2023. (S) An "independent" judiciary is one free of outside influences or control. (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. Email us at [email protected], 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. 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. (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. This means that the judge may not write or speak concerning a case that is pending or impending in any court in the United States or its territories including on appeal or in a collateral proceeding. 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. 17. [Id. 100.0 Terminology Accessing Verdicts requires a change to your plan. 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. . 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. (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. 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. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. Law, 14.) Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. We have notified your account executive who will contact you shortly. ], 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. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN Any payment in excess of such an amount is compensation. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. 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 . This is called recusal. [22 NYCRR 100.4(C)(3)(b)(ii).] The "internal test" requires The pertinent text of that statute (as of January 2009) reads as follows: 212. 89-107. (A) Judicial Duties in General. Similarly, the ACJE has opined that a judge is not required to exercise recusal if a lawyer appearing before the judge did nothing more than volunteer to be listed among attorneys supporting the judges election campaign. 2010].) 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. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. 26). See also NY Jud. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. (c) No full-time judge shall solicit or receive compensation for extra-judicial activities performed for or on behalf of: (1) New York State, its political subdivisions or any office or agency thereof; (2) a school, college or university that is financially supported primarily by New York State or any of its political subdivisions, or any officially recognized body of students thereof, except that a judge may receive the ordinary compensation for a lecture or for teaching a regular course of study at any college or university if the teaching does not conflict with the proper performance of judicial duties; or (3) any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. 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. (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. 10 A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court. (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. 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. FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. 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. Historical Note The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. 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. Sec. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. [NY Jud. If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? 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. (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; . Prior to the present IAS system, the Master Calendar system was in effect. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Ops. Last. filed Aug. 1, 1972; renum. Judge prohibited from practicing in cause which has been before him. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. (D) Time for Compliance. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. (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. Adv. 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. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. If you mail your papers (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 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. Judge prohibited from practicing in cause which has been before him. (ii) the parties or controversy in the proceeding. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. The text of those provisions (as of February 2014) reads as follows: 16. They are not designed or intended as a basis for civil liability or criminal prosecution. recusal when the motion has a proper basis. A judge or candidate for elective judicial office shall . The Justices of the Supreme Court are elected to 14-year . (b) 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. Preamble (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. A judge shall not testify voluntarily as a character witness. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. [Id. If you wish to keep the information in your envelope between pages, Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. Op. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. 17. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. Sec. Amended (A)(2)(v). A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. Associate May Manage N.Y. Office for N.J. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Op. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. 97-129.] 2d, Courts and Judges, Section 110. They can, but doing so can raise ethics issues during and after the campaign season. 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. 111.1, new added by renum. Op. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. 6 Does this mean that lawyers cannot support judicial candidates? and amd. 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).] (F) Service as Arbitrator or Mediator. 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 judge's spouse, or a person known by the judge to be within the [NY Jud. Adv. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. 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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). obituary pepperell ma, provo canyon school abuse allegations, how to cheat on playposit, Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [ 2015 ]. of these,... 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