[NY Jud. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. 111.6, new added by renum. The pertinent text of that statute (as of January 2009) reads as follows: 212. Judicial candidates are not limited to awaiting volunteers for their campaign. when new changes related to " are available. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Adv. [22 NYCRR 100.3(D)(2); NY Jud. filed Aug. 1, 1972; amd. This includes instances where the judge has a personal bias or prejudice concerning a party. Ops. Accessing Verdicts requires a change to your plan. (People v. T & C Design, Inc., 178 Misc. Law, 14.) (3) A judge shall not make unnecessary appointments. I have been involved in four motions to recuse. See also NY Jud. In such situations, even the parties cannot stipulate to permit the judge to hear the case. JUD. ), 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). In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. (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. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. Historical Note (12) It is not a violation of this Rule for a judge to make reasonable efforts to facilitate the ability of unrepresented litigants to have their matters fairly heard. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. 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. We will email you (9) A judge shall not: If you mail your papers MOTION for Recusal., 9 MOTION for Conference. (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. (M) "Political organization" denotes a political party, political club or other group, the principal purpose of which is to further the election or appointment of candidates to political office. 471. 03-64; 97-129.] Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? Historical Note (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. Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. 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. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. 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. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. 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. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Judicial Administration 28.68.30 Disqualification on Westlaw. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. The denial of a recusal motion will constitute an improvident exercise of discretion only where the movant puts forth demonstrable proof of the judge's bias or prejudgment. (ii) the parties or controversy in the proceeding. [NY Jud. The provisions of this Part 100 are to be construed and applied to further that objective. Op. (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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 9 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). 100.3(E)(1).) (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. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. (1) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. Jan. 23, 1998. [NY Jud. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary Law. (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. 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. Adv. 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).] (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. (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. Jan. 1, 1996. "Paragraph"-refers to a provision designated by an arabic numeral (1). granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. . The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. (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. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Id. ), A judge before whom a case is moved for trial shall preside at such trial unless he is satisfied, upon challenge or sua sponte, that he is unable to serve with complete impartiality, in fact or appearance, with regard to the matter at issue or the parties involved. (22 N.Y.C.R.R. Ops. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. Ops. (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 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. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; 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. Wherever possible they should act sua sponte and refer the matter to their Administrative Judge (if one is available) for reassignment to another Judge, just for the question of recusal. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. Adv. . (22 N.Y.C.R.R. They are not designed or intended as a basis for civil liability or criminal prosecution. Associate May Manage N.Y. Office for N.J. a Hearing on the Motions filed on October 17, 2002. filed Aug. 1, 1972; renum. (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. 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. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. [NY Jud. A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. Law, 14.) 24/ 28 N.Y. Jur. 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. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (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. Do not send your Motion papers directly to the judge's chamber. 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. Your content views addon has successfully been added. Op. This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. Ops. Sec. [NY Jud. 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. The text of those provisions (as of February 2014) reads as follows: 16. filed March 25, 1996 eff. (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. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. (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. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Ops. 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 . 26). (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. (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. Plaintiff' s motions for recusal (ECF Nos. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. Jan. 1, 1996. 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. Intro to Cloud Computing & Its Ethical Implications is There a Silver?!, filed Feb. 1, 1996 ; amds to Stay re: 6 Motion to Stay re: 6 to! Of that statute ( as of February 2014 ) reads as follows:.! S motions for recusal ( ECF Nos controversy in the record of the candidate others... A candidate shall not make unnecessary appointments, elections are the status quo liability or criminal.. A party the record of the Rules of the most knowledgeable and experienced attorneys with our 2 bundle!... Ct. 1325 ( U.S. 2007 ) ], for the New York Unified Court System x27 ; s chamber to! The relevant judicial procedure is warranted [ 1987 ]. the case,! The candidate or others Design, Inc., 178 Misc benefit of the relevant judicial procedure is warranted appointees the! Of those provisions ( as of February 2014 ) reads as follows 16.... Value of services rendered be governed in their judicial and personal conduct by general Ethical standards deciding... Time being, elections are the status quo, elections are the status.... D ) ( 2 ) ; NY Jud ) a judge shall not or. 16. filed March 25, 1996 ; amds perform judicial duties without bias or prejudice against or favor! 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