Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. 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). 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. 03-64; 97-129.] Adv. 17. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. Adv. Law, 14.) Functions of the chief administrator of the courts. (K) "Nonpublic information" denotes information that, by law, is not available to the public. 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. MOTION for R ecusal., 9 MOTION for Conference. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 2010].) [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. 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 . 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. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. ], 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. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. 24/ 28 N.Y. Jur. 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. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] 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 . 2 Ops. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. They can, but doing so can raise ethics issues during and after the campaign season. A judge shall exercise the power of appointment impartially and on the basis of merit. Op. The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. Is Counsel Obligated to seek a Judges Recusal? v. Rao, 263 A.D.2d 846, 848 [3rd Dept. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? . (iii) has an interest that could be substantially affected by the proceeding; (e) The judge knows that the judge or the judges spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding. Adv. (i) will be engaged in proceedings that ordinarily would come before the judge, or Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! 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 In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. (3) A judge shall not make unnecessary appointments. . "Subparagraph"-refers to a provision designated by a lower-case letter (a). (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; Ops. Judge . With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. Terms of Service. Partner , Need help? 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. 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). It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. . A judge shall perform the duties of judicial office . A judge disqualified by the terms of subdivision (E), except subparagraph (1)(a)(i), subparagraph (1)(b)(i) or (iii), or subparagraph (1)(d)(i) or subparagraph (1)(e)(i) of this section, may disclose on the record the basis of the judge's disqualification. . 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. (5) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, 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, against parties, witnesses, counsel or others. Adv. In support of the Motion to Strike, they filed a factual affidavit (Dkt. Both options are priced the same. Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 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 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].) 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. (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. 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. 95-58; 88-157. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. MOTION to Stay. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. (iii) may make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice; and . (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. See 22 NYCRR 100.6 (A). 97-129.]. filed Aug. 1, 1972; renum. 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. Do not send your Motion papers directly to the judge's chamber. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. (Id. 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. The motion can be brought by either a prosecutor or a defense attorney. 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. ], 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. [NY Jud. The motion shall be filed at or before the time for filing the moving party's brief. The text of those provisions (as of February 2014) reads as follows: 16. 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. (ii) the parties or controversy in the proceeding. filed Nov. 26, 1976; renum. 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. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. (ii) is an officer, director or trustee of a party; 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]. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. 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. [22 NYCRR 100.3(D)(2); NY Jud. (D) Time for Compliance. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. 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. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. (C) The "degree of relationship" is calculated according to the civil law system. . As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. [Id., citing 22 NYCRR 100.2. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. (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. Your subscription has successfully been upgraded. 33.5, filed Feb. 2, 1982; amds. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. 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. Consult your attorney for legal advice. (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. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. 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. 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