a Hearing on the Motions filed on October 17, 2002. A judge or candidate for elective judicial office shall . (i) will be engaged in proceedings that ordinarily would come before the judge, or (3) A judge shall not make unnecessary appointments. A judge shall perform the duties of judicial office . Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. ], The ACJE also has concluded that a judge may participate in a training program that is designed for lawyers who represent battered women in custody proceedings. Adv. 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. [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. Your article was successfully shared with the contacts you provided. (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. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. 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. 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. The ACJE held that the spouse, who was a very senior member of the organization, was nonetheless involved in the outcome of the cases in which the organization served as counsel, and that the judge needed to recuse in order to avoid the appearance of impropriety. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. Op. Law Offices of Gary Martin Hays & Associates (D) Time for Compliance. 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. 9 The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties. [22 NYCRR 100.3(B)(8); NY Jud. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Judge Scheindlin's . Functions of the chief administrator of the courts. ), 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 Justices of the Supreme Court are elected to 14-year . Accessing Verdicts requires a change to your plan. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. The motion can be brought by either a prosecutor or a defense attorney. A judge shall avoid nepotism and favoritism. Amended (A)(2)(v). 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. . A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. This is called recusal. ], 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. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. (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. (1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. Dated: Brooklyn, New York . [22 NYCRR 100.4(C)(3)(b)(i), (iv).] This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. filed Feb. 1, 1996 eff. U.S. District Judge Mary. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. (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. 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. 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. (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. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. . 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. a judge in New York State based on interest in the ma er or relation-ship to a party is governed and mandated by statute, -disqualifica- . (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. Op. 471. and amd. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. (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. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. (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. Your alert tracking was successfully added. 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. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. Ops. 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. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. (K) "Nonpublic information" denotes information that, by law, is not available to the public. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. Historical Note 03-110.]. A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judges 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, is a party to the proceeding. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . Join New York Law Journal now! . (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. Adv. You can always see your envelopes Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. I have been involved in four motions to recuse. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. 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. R. A. P. 15 (a). (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. (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. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . ), Disqualifying a judge on this ground requires demonstrable proof of bias or prejudgment. (Matter of Alyssa A., 79 A.D.3d 740, 742 [2nd Dept. [22 NYCRR 100.5(A)(5).] granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 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. But no 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. A group of real estate investors alleged in a . 95-58; 88-157. Don't miss the crucial news and insights you need to make informed legal decisions. filed March 25, 1996 eff. (1) A judge shall be faithful to the law and maintain professional competence in it. 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 . AntiSec hacker sentenced after judge refuses to recuse (2013) . Historical Note A judge may not, however, participate in any fund-raising activity. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. 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. 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 may decide to recuse himself if he is related to one of the parties. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. In support of the Motion to Strike, they filed a factual affidavit (Dkt. In such situations, even the parties cannot stipulate to permit the judge to hear the case. 10 Op. 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