100.1 A judge shall uphold the integrity and independence . Adv. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 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. ], 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. This requirement shall not apply to candidates for election to town and village courts. 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. 26). 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. About Us| I have been involved in four motions to. (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. (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. MOTION for Recusal., 9 MOTION for Conference. A judge may not, however, participate in any fund-raising activity. See also NY Jud. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 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- . . Copyright 2023 ALM Global, LLC. 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). License our industry-leading legal content to extend your thought leadership and build your brand. ], 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. 111.1, new added by renum. A judge shall exercise the power of appointment impartially and on the basis of merit. Op. . 4. (i) an issue in the proceeding; or Judge prohibited from practicing in cause which has been before him. (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. Feb. 23, 2023, 12:53 p.m. The judge's judicial duties include all the duties of the judge's office prescribed by law. 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. 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. Functions of the chief administrator of the courts. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. [NY Jud. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. (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. 95-58; 88-157. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Your alert tracking was successfully added. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. A judge shall not approve compensation of appointees beyond the fair value of services rendered. A judge shall not testify voluntarily as a character witness. Plaintiff' s motions for recusal (ECF Nos. (E) Relationship to Code of Judicial Conduct. Ops. a Hearing on the Motions filed on October 17, 2002. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. (22 N.Y.C.R.R. filed Feb. 1, 1996 eff. 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. (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. 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 If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted 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, the judge may participate in the proceeding. A law . (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. [Id. They can, but doing so can raise ethics issues during and after the campaign season. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). (1) Compensation and Reimbursement. [NY Jud. [22 NYCRR 100.3(B)(8); NY Jud. Adv. Your recipients will receive an email with this envelope shortly and 2006), cert. I have been involved in four motions to recuse. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. [See, NY Jud. 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. [NY Jud. Is Counsel Obligated to seek a Judges Recusal? This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] (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. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. 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. [NY Jud. . Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. 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. What is a motion to recuse? 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. 03-64; 97-129.] (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. 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. Any payment in excess of such an amount is compensation. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . Jan. 1, 1996. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. 1999].) This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. 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
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