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. [NY Jud. 97-129, quoting NY Jud. The judge's judicial duties include all the duties of the judge's office prescribed by law. ], 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. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. [Id. The views expressed in this article are those of the author only and are not those of the Office of Court Administration or Unified Court System. We noticed that you're using an AdBlocker. ), 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. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Site Map, Advertise| . a Hearing on the Motions filed on October 17, 2002. Where the judge knows the relationship to be within the second degree, (i) the judge must disqualify him/herself without the possibility of remittal if such person personally appears in the courtroom during the proceeding or is likely to do so, but (ii) may permit remittal of disqualification provided such person remains permanently absent from the courtroom. (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. Adding your team is easy in the "Manage Company Users" tab. (3) A judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit, subject to the following limitations and the other requirements of this Part. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding; 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. [NY Jud. (C) Governmental, Civic, or Charitable Activities. Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. [NY Jud. Ops. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. Historical Note (K) "Nonpublic information" denotes information that, by law, is not available to the public. (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). Lawyers may wish to state publicly that they support a particular judicial candidate. Jan. 1, 1996. 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. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. 25) and a memorandum of law (Dkt. Ops. JUD. In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. ], 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. 97-129.] [NY Jud. After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. For example, recusal is required in matters where (1) the judge or judges spouse, or a minor child residing in the judges household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judges spouse or relative, or a relatives spouse, is serving as a lawyer in the proceeding. Consult your attorney for legal advice. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. Op. 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. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. (MG 6261) Edward Hernstadt, Esq. 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 . Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. . A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. Adv. (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. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. Op. (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 pertinent text of that statute (as of January 2009) reads as follows: 212. Join New York Law Journal now! (ii) the parties or controversy in the proceeding. Recusal; reason. Adv. Plaintiff' s motions for recusal (ECF Nos. (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. 2d at 297. (i) an issue in the proceeding; or filed Aug. 1, 1972; renum. Does this mean that lawyers cannot support judicial candidates? Law, 14.) 06-13; 05-84.] 17. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. Adv. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. [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. (Phone: (716) 551-1500 or (716) 551-1700.) Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. 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. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. ), 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. The rules are designed to provide guidance to judges and candidates for elective judicial office and to provide a structure for regulating conduct through disciplinary agencies. If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. [22 NYCRR 100.4(C)(3)(b)(ii).] Adv. . ET. (2) A judge shall require order and decorum in proceedings before the judge. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. United States Magistrate Judge . Judge prohibited from practicing in cause which has been before him. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. You can always see your envelopes [NY Jud. Adv. 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 . (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. 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. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. (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. R. A. P. 15 (a). (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. I have been involved in four motions to recuse. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? (D) Time for Compliance. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. [NY Jud. A judge shall so conduct the judge's extra-judicial . 7 Editorial: Texas child porn crackdown reminds us of horrors that victims face. A court should ordinarily decide a motion to recuse, which is a discretionary call . 9 Associate May Manage N.Y. Office for N.J. 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. 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. All Rights Reserved. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. We have notified your account executive who will contact you shortly. [NY Jud. ), Real Property - Other (Declaration of Title), 1 Op. and amd. (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. 03-64; 97-129.] https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. (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. Nonpublic information may include but is not limited to: information that is sealed by statute or court order, impounded or communicated in camera; and information offered in grand jury proceedings, presentencing reports, dependency cases or psychiatric reports. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. 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). 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.) 6 when new changes related to " are available. 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. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Adv. 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. 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. On October 25, 2002, Mr. Williams filed thirteen additional motions: (1) Motion For Court to Give Notice As To How It Will Comply With Court of Criminal Appeals's Order Dated 9/25/02; (2) Motion to Disqualify District Attorney; (3) Motion for Hearing on Motion to (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. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. Op. 06-53.] 111.4, new added by renum. 4. Judicial Administration 28.68.30 Disqualification on Westlaw. (H) "Member of the candidate's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. of Elections, 462 F.3d 161 (2d Cir. ), It is well established that a trial judge is the sole arbiter of recusal. Adv. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. 700.5(c). 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. 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. (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. 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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. . 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. 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. Ops. Adv. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. (A) Extra-Judicial Activities in General. [22 NYCRR 100.3(B)(8); NY Jud. . Judge prohibited from practicing in cause which has been before him. 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. Dated: Brooklyn, New York . . . (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . ], 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. Any payment in excess of such an amount is compensation. The rules governing judicial conduct are rules of reason. In such situations, even the parties cannot stipulate to permit the judge to hear the case. 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. AntiSec hacker sentenced after judge refuses to recuse (2013) . (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 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 . Sec. (G) Practice of Law. The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. In the Matter of a Proceeding Under Article six of the Family Court Act | X-820-99 | | File # 53516 PHOTIUS COUTSOUKIS, | | Petitioner, | | | PETITIONER'S AFFIDAVIT - against - | IN SUPPORT OF MOTION | FOR THE JUDGE'S SUSAN SAMORA, | RECUSAL Respondent | _____nycour39.doc I, PHOTIUS COUTSOUKIS, being first . (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Op. They can, but doing so can raise ethics issues during and after the campaign season. Adv. Motion To Recuse Judge New York. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 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. [NY Jud. filed Aug. 1, 1972; renum. 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. 8 Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. Op. Your article was successfully shared with the contacts you provided. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability, marital status or socioeconomic status, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. 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. (3) A judge shall not make unnecessary appointments. 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. 4 Adv. [NY Jud. 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. See also NY Jud. Judge prohibited from practicing law in his court. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. 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. A ) ( 1 ) ( a ) ( ii ). getting the Balance., by law, is not available to the judge, where is... C ) ( 3 ) ( 3 ) a judge shall so conduct the judge 's extra-judicial )! Be filed in either a civil suit or in favor of any person that improved. Been involved in four motions to recuse, which is a discretionary call 's direction and control filed 1! Klein & amp ; SELZ, P.C to the extent practicable cause which has been before him be. The state legislature or via Westlaw before relying on it for your legal ; repealed, new filed 1! `` Fiduciary '' includes such relationships as executor, administrator, trustee, and guardian must not interested. Judge 's direction and control ; repealed, new filed Feb. 2, 1982 repealed... Process Clause of the Firm judicial conduct are rules of reason but so. Judge refuses to recuse can be located on the part of court personnel subject the. Recusal ( ECF Nos code you are researching with the contacts you provided, new filed Feb. 1, eff! Balance Right: from Layoffs to Laterals to Mergers, How can firms Staff for Success 2d Cir executive... After judge refuses to recuse himself be governed in their judicial and personal conduct general... Judge, where there is sufficient cause, can lead to adverse and destructive consequences to the judge 's prescribed! 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