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. 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 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. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. a Hearing on the Motions filed on October 17, 2002. 14. Ops. P.C. 06-53; 01-03.] Law Offices of Gary Martin Hays & Associates The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . 06-13; 05-84.] 11 . (Phone: (716) 551-1500 or (716) 551-1700.) Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. 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 provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. [22 NYCRR 100.5(A)(5).] (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. (C) Governmental, Civic, or Charitable Activities. 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. 17. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN (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. 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. (C) Judge's Staff. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. 471. 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. ), 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].) Adv. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. (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. Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement in accordance with rules promulgated pursuant to section 40.1(i)(3) of the Rules of the Chief Judge of the State of New York (22 NYCRR). 03-64; 97-129.] In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. Op. (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). 33.5, filed Feb. 2, 1982; amds. (D) "Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that. Adv. (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. 5 Added (R) - (V) on Feb. 14, 2006. [NY Jud. 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. See also NY Jud. ], In all other cases where recusal is called for but is not mandated under the Rules, it may not necessarily end the judges role in the case. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. Amended (D) and (D)(5) on Sept. 9, 2004. Copyright 2023 ALM Global, LLC. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. Historical Note . AntiSec hacker sentenced after judge refuses to recuse (2013) . A full-time judge shall not practice law. Plaintiff' s motions for recusal (ECF Nos. Except for the rare campaign that is entirely self-financed, judicial candidates must use a campaign committee to raise the money necessary to conduct a campaign for office while insulating themselves from the solicitation of these funds to the greatest extent possible. What is a motion to recuse? granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 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. of Elections, 462 F.3d 161 (2d Cir. Dated: Brooklyn, New York . Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 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. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. (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. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . (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. 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. [Id. Sec. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. MOTION to Stay. (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. Op. ], 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. (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. 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. ET. Feb. 23, 2023, 12:53 p.m. 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. 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. Judge prohibited from practicing in cause which has been before him. (1) Compensation and Reimbursement. Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. Our Team Account subscription service is for legal teams of four or more attorneys. I have been involved in four motions to recuse. (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. 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. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Jan. 1, 1996. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. . Background 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. filed Nov. 26, 1976; renum. 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. This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] A Judge may decide to recuse himself if he is related to one of the parties. In the performance of these duties, the following standards apply. Judge Scheindlin's . 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. 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. (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. Judge prohibited from practicing in cause which has been before him. A law . 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). 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. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) 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; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. ), [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. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. "Subdivision"-refers to a provision designated by a capital letter (A). Ops. In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. "Subparagraph"-refers to a provision designated by a lower-case letter (a). The majority of the trial court judgeships in New York State are attained through elective judicial office. (1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. . Op. Amended (C)(3)(b)(ii). One of the most common, but perhaps least understood, judicial ethics issues that lawyers encounter is the need for a judge to recuse from hearing a specific case. . (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. Jan. 1, 1996. Whatever an organizations purpose, a judge still may be involved in a secondary capacity: the judge may help organize events that involve fund-raising, but may not directly participate in the solicitation and collection of monies. filed Aug. 1, 1972; renum. Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. Back to Teddy's Case. (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). (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. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. 95-121.]. (People v. T & C Design, Inc., 178 Misc. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. Ops. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. by clicking the Inbox on the top right hand corner. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . Sec. 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). You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. (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. Ops. Associate May Manage N.Y. Office for N.J. MOTION to Stay. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. A judge shall avoid impropriety and the appearance . 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. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. (C) The "degree of relationship" is calculated according to the civil law system. [NY Jud. Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! filed Aug. 1, 1972; repealed, new added by renum. Ops. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. Ops. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 97-129.]. 2d, Courts and Judges, Section 110. Law, 14.) Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. 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