A judge shall so conduct the judge's extra-judicial . [NY Jud. (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. (22 N.Y.C.R.R. Op. [NY Jud. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. [NY Jud. 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. Adv. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. 97-129, quoting NY Jud. filed Aug. 1, 1972; renum. 17. 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 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. 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. (ii) the parties or controversy in the proceeding. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (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. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. [22 NYCRR 100.3(F). (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. 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. 9 It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. The Moores' complaint survived Baron Cohen's motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September 2020, when it was reassigned to Judge Cronan. 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 Administration 28.68.30 Disqualification on Westlaw. ], 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. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the panel. We noticed that you're using an AdBlocker. filed Nov. 26, 1976; renum. The sixth degree of relationship includes second cousins. (B) Avocational Activities. [NY Jud. [NY Jud. A Judge would conference the case with counsel in order to promote a settlement. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. [See, NY Jud. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). [Id. The rules are not intended as an exhaustive guide for conduct. 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. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. 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. The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. Associate May Manage N.Y. Office for N.J. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 07-73; 06-44. 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. (6) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. filed Aug. 1, 1972; repealed, new added by renum. (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. [NY Jud. (S) An "independent" judiciary is one free of outside influences or control. (F) Service as Arbitrator or Mediator. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. 1983]. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 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 judge's spouse, or a person known by the judge to be within the 100.4 A judge shall so conduct the judge's extra-judicial . Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. 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. Judge . They can, but doing so can raise ethics issues during and after the campaign season. Adv. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. The last one is on appeal and we choose to withhold discussion of the reasoning, except to say that the court required a showing of actual bias. 100.0 Terminology Your recipients will receive an email with this envelope shortly and Adv. 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. (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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. 01-07. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. (i) will be engaged in proceedings that ordinarily would come before the judge, or 3 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 . In such situations, even the parties cannot stipulate to permit the judge to hear the case. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. Amended (C)(3)(b)(ii). 100.5 A judge or candidate for elective judicial office shall . "Subdivision"-refers to a provision designated by a capital letter (A). Your alert tracking was successfully added. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Historical Note [NY Jud. (A) General Application. Your content views addon has successfully been added. 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). (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). (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. 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 judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Judge prohibited from practicing law in his court. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. 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. What is a motion to recuse? 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