. 92-19.] Don't miss the crucial news and insights you need to make informed legal decisions. (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. Historical Note Op. . (i) will be engaged in proceedings that ordinarily would come before the judge, or This is called recusal. 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. ), 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 court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). 5 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. Amended (A)(2)(v). A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. Prior to the present IAS system, the Master Calendar system was in effect. This duty to report is not optional. (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. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Law 14.] 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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. 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. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. Historical Note 2.1. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. ], Finally, even in those instances where neither recusal nor disclosure is required, a judge retains the right to recuse based on whether the judge believes he/she can remain fair and impartial, a determination left to the sound discretion of the judge. (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. 1983]. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. 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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. 8 Adv. . (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). In the performance of these duties, the following standards apply. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Sec. Partner , Need help? (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 100.5 A judge or candidate for elective judicial office shall . 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN 100.0 Terminology ), 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(F). ), [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. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. (B) Judge as Candidate for Nonjudicial Office. Ops. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. (ii) the parties or controversy in the proceeding. and amd. (I) Financial Disclosure. (A) Judicial Duties in General. February 6, 2023 . 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. 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. U.S. District Judge Mary. and amd. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. MOTION for R ecusal., 9 MOTION for Conference. [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. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. What is a motion to recuse? 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). 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. (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. Historical Note Adv. 06-99 citing Opinions 89-74; 89-54.] . (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. 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. 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 . (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. Adv. [22 NYCRR 100.3(D)(2); NY Jud. [NY Jud. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). Ops. "Paragraph"-refers to a provision designated by an arabic numeral (1). [22 NYCRR 100.4(C)(3).] (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. . (A) Extra-Judicial Activities in General. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. 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. 17. (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. filed Aug. 1, 1972; repealed, new added by renum. Your subscription was successfully upgraded. 89-107. 100.7, filed Nov. 26, 1976; renum. 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). (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. 100.3 A judge shall perform the duties of judicial office . 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. A judge shall not testify voluntarily as a character witness. Judges, like most attorneys, typically attend law school reunions every five or ten years. Terms of Service. will be able to access it on trellis. (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. 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 . 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. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. 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