Law 14.] As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 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. Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. 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. Adv. 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 Ops. (D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. 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. Terms of Service. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. 97-129, quoting NY Jud. 7 (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. [NY Jud. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. 100.2 A judge shall avoid impropriety and the appearance . ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. This requirement shall not apply to candidates for election to town and village courts. (O) "Require". A judge shall avoid nepotism and favoritism. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 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. 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. 17. (c) 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 this paragraph during the period of such interim or temporary appointment. (J) "Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. The judicial duties of a judge take precedence over all the judge's other activities. ], 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. 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. February 22, 2023. The rules are not intended as an exhaustive guide for conduct. 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. Ops. of Elections, 462 F.3d 161 (2d Cir. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 95-58; 88-157. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. (i) an issue in the proceeding; or https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Sec. (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. A judge shall exercise the power of appointment impartially and on the basis of merit. 03-64.] (i) will be engaged in proceedings that ordinarily would come before the judge, or 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. 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. . . 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. (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. A person's knowledge may be inferred from circumstances. The sixth degree of relationship includes second cousins. "Subparagraph"-refers to a provision designated by a lower-case letter (a). Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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 . Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Judge prohibited from practicing in cause which has been before him. Added (R) - (V) on Feb. 14, 2006. Adv. 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. . Judge Scheindlin's . (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). The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. Op. 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. This includes instances where the judge has a personal bias or prejudice concerning a party. Adv. Ops. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (1) Compensation and Reimbursement. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (C) Governmental, Civic, or Charitable Activities. A judge shall perform the duties of judicial office . 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. "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. Sec. Judicial Administration 28.68.30 Disqualification on Westlaw. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. What is a motion to recuse? The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. No 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, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. A full-time judge shall not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 06-111.] Sec. Judges, like most attorneys, typically attend law school reunions every five or ten years. (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). (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 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. ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] 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. (5) A judge shall not accept, and shall urge members of the judge's family residing in the judge's household not to accept, a gift, bequest, favor or loan from anyone except: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice; (b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (d) a gift from a relative or friend, for a special occasion such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under section 100.3(E); (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or. 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