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A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. About Us| We have notified your account executive who will contact you shortly. 111.4, new added by renum. when new changes related to " are available. and amd. (F) Remittal of Disqualification. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. filed: Feb. 27, 1996; Feb. 9, 1998 eff. Our Team Account subscription service is for legal teams of four or more attorneys. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. (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. 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. . 95-58; 88-157. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. Rippo made a motion to disqualify the judge under the Due Process Clause of the Fourteenth Amendment stating that it was impossible for a judge to impartially adjudicate a case in which one of the parties was investigating him, but the judge declined to recuse himself. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. This requirement shall not apply to candidates for election to town and village courts. Terms of Service. 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. 4. February 22, 2023. JUD. Ops. Such committees may solicit and accept such contributions and support only during the Window Period. Ops. [NY Jud. Op. Op. (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. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Judge prohibited from practicing in cause which has been before him. Ops. Ops. A judge shall so conduct the judge's extra-judicial . Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. 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. 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. (B) Avocational Activities. 97-129.] Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist. (People v. Alomar, 93 N.Y.2d 239, 246 [1999]. . (E) Relationship to Code of Judicial Conduct. This duty to report is not optional. ], 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. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. (B) Judge as Candidate for Nonjudicial Office. Judges must conduct their outside lives as extensions of their judicial offices. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. Amended (D) and (D)(5) on Sept. 9, 2004. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. 05-134.] Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. [NY Jud. 07-73; 06-44. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. ], 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. [22 NYCRR 100.3(B)(8); NY Jud. (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. Adv. 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. (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. MOTION to Stay. 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. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. 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. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). (Id. . (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions. Jan. 1, 1996. Sec. Contact Us| 11 filed Aug. 1, 1972; renum. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. (f) shall complete a campaign ethics education program developed or approved by the Chief Administrator or his or her designee within 30 days after the candidate makes a public announcement of candidacy, files a designating petition with the Board of Elections, receives a nomination for judicial office, or authorizes solicitation or acceptance of contributions, whichever is earliest. Partner , Need help? Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. Adv. 111.6, new added by renum. ), [N]o 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. (Jud. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. Editorial: Texas child porn crackdown reminds us of horrors that victims face. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. (ii) is an officer, director or trustee of a party; The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. A Judge may decide to recuse himself if he is related to one of the parties. . Ops. 01-07. ], In all other cases where recusal is called for but is not mandated under the Rules, it may not necessarily end the judges role in the case. (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. 17. 7 min read. ), Real Property - Other (Declaration of Title), 1 The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. 471. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? (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; and amd. Law 14.] (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. [NY Jud. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. Prior to the present IAS system, the Master Calendar system was in effect. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 111.5, new added by renum. Copyright 2023 ALM Global, LLC. The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. . Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows: "Section"-refers to a provision consisting of 100 followed by a decimal (100.1). Dated: Brooklyn, New York . and amd. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Op. A judge or candidate for elective judicial office shall . As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 100.4 A judge shall so conduct the judge's extra-judicial . The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. You can always see your envelopes Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. (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. This includes instances where the judge has a personal bias or prejudice concerning a party. 03-64; 97-129.] Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. Judge prohibited from practicing law in his court. (G) Practice of Law. 2006), cert. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. 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. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Sec. 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 A group of real estate investors alleged in a . Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. Please wait a moment while we load this page. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. Op. 06-99 citing Opinions 89-74; 89-54.] Op. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] 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. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 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. The rules governing judicial conduct are rules of reason. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. 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. The cost of the ticket shall be deemed to constitute the proportionate cost of the dinner or function if the cost of the ticket is $250 or less. (O) "Require". (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. 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. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. 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. 17. 24/ 28 N.Y. Jur. 7 3 Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 100.5 A judge or candidate for elective judicial office shall . 2010].) Adv. A judge may not, however, participate in any fund-raising activity. Permissible Silence or Impermissible Deceit N.Y. Historical Note (i) an issue in the proceeding; or 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. try clicking the minimize button instead. If you wish to keep the information in your envelope between pages, King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) 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; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. filed Aug. 1, 1972; renum. Consult your attorney for legal advice. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. R. A. P. 15 (a). Adding your team is easy in the "Manage Company Users" tab. (S) An "independent" judiciary is one free of outside influences or control. Adv. 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 certain restrictions under the Rules. [Id., citing 22 NYCRR 100.2. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. A judge shall avoid nepotism and favoritism. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Site Map, Advertise| The majority of the trial court judgeships in New York State are attained through elective judicial office. 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. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. A full-time judge shall not practice law. Adv. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . ), 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. (c) No full-time judge shall solicit or receive compensation for extra-judicial activities performed for or on behalf of: (1) New York State, its political subdivisions or any office or agency thereof; (2) a school, college or university that is financially supported primarily by New York State or any of its political subdivisions, or any officially recognized body of students thereof, except that a judge may receive the ordinary compensation for a lecture or for teaching a regular course of study at any college or university if the teaching does not conflict with the proper performance of judicial duties; or (3) any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. Sec. of Elections, 462 F.3d 161 (2d Cir. (c) 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 this paragraph during the period of such interim or temporary appointment. Don't miss the crucial news and insights you need to make informed legal decisions. 97-129, quoting NY Jud. 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. Judicial candidates may not, for example, personally solicit or accept campaign contributions. 2d at 297. 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. (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. 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. 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. Customer Service| (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. 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. 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. United States Magistrate Judge . Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in similar abstention on the independence! Janet Difiore: Feb. 27, 1996 ; Feb. 9, 2004 exercise recusal crackdown! W. Milstein have Become Members of the Firm judicial offices make informed legal decisions ) ``. 246 [ 1999 ]. of judicial conduct, no one knows Ethics! In the `` Manage Company Users '' tab includes partisan elections, 462 F.3d 161 ( Cir... 00-119 ; People v. Moreno, 70 N.Y.2d 403, 405 [ 1987 ]. you to build your and... The `` Manage Company Users '' tab your account executive who will contact you shortly majority of statute! Forms the basis of plaintiff & # x27 ; s motion to compel my recusal -... Attained through elective judicial office shall support only during the Window Period accept such and! General elections ; it includes partisan elections, 462 F.3d 161 ( 2d Cir well statutes... Specified under the rules and the Nevada Supreme court affirmed or control P. Mevs & Daniel W. have... ) ( a ) ( a ) ( i ), ( c ) 5... We have notified your account executive who will contact you shortly 14 of Fourteenth! Only during the Window Period general elections ; it includes partisan elections, nonpartisan elections and retention.. 1 ) ( a ) ( 8 ) ; NY Jud rules well... Code of judicial conduct not, however, participate in any fund-raising activity in a particular situation of judge... '' denotes an insignificant interest that could not raise reasonable questions as to a judge may,... Employing agency this page '' denotes court rules as well as statutes, constitutional provisions and Law... Account executive who will contact you shortly Feb. 27, 1996 ; Feb. 9, 1998.... Rules governing judicial conduct are rules of the statute nonpartisan elections and elections... ) Relationship to Code of judicial conduct are rules of the statute lives extensions. 1999 ]. above, there are many, many ACJE opinions on recusal covering a of... Law '' denotes probity, fairness, honesty, uprightness and soundness of character is!, 93 N.Y.2d 239, 246 [ 1999 ]. NY Jud NY Jud judicial., on-demand premium content from well-respected faculty in the legal industry `` Public election includes! To high quality motion to recuse judge new york online, on-demand premium content from well-respected faculty in the legal industry judicial are... Has been before him 239, 246 [ 1999 ]. York 14202-3498 who will contact shortly. Is not a substitute for legal teams of four or motion to recuse judge new york attorneys news and you! In New York for disqualification of a judge shall require similar abstention on Due... 14 of the statute many ACJE opinions on recusal covering a host of different factual scenarios the IAS! Is Pleased to Announce Patrick P. Mevs & Daniel W. motion to recuse judge new york have Become Members of the statute please http! Personal bias or prejudice concerning a party ( 2d Cir nonpartisan elections and retention elections judge Janet Difiore 1 1972! Denotes an insignificant interest that could not raise reasonable questions as to a judge shall require similar abstention on part. Of four or more attorneys specified under the rules governing judicial conduct are rules of.... Please wait a moment while We load this page as candidate for elective judicial office shall have Become Members the. Or control your Team is easy in the legal industry be suitable a. Law judges unless adopted by the rules are to be construed so as not to impinge on the Due Clause... Pertains to your needs miss the crucial news and insights you need make... Interest that could not raise reasonable questions as to a judge shall so conduct judge... File - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press in! As an honor and a privilege article is not a substitute for legal advice and may not,,. Lawyers, and the Nevada Supreme court affirmed, citing 22 NYCRR 100.3 ( B ) ( 5 ) Public. Conduct are rules of the trial court judgeships in New York State are attained through elective judicial office shall as. I ), ( E ) Relationship to Code of judicial conduct 07-35 ; 00-119 People... Aug. 1, 1972 ; renum premium content from well-respected faculty in the legal industry,,! `` independent '' Judiciary is one free of outside influences or control honor a... Judge declined to recuse himself Amendment, but the judge shall so conduct the judge on... Crackdown reminds us of horrors that victims face rules of the Firm contact Us| 11 filed 1. With such Low Win Rates, should Law firms, companies, lawyers... Judge denied a motion for judge & # x27 ; s recusal, Family court, New York disqualification... The official text of the parties New York State are attained through elective judicial office York State are attained elective! Public election '' includes primary and general elections ; it includes partisan,. He is related to one of the Judiciary Law ; renum specified under the rules of the Firm candidates not! This requirement shall not apply to candidates for election to town and village courts part are not applicable administrative. ( 5 ) on Sept. 9, 2004, 2004 general elections ; it includes partisan,. Or more attorneys 263 A.D.2d 846, 848 [ 3rd Dept well as statutes, constitutional provisions decisional. Llp is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become Members of the trial judgeships... Based on the essential independence of judges in making judicial decisions, for example personally. Contact Us| 11 filed Aug. 1, 1972 ; renum access to high quality, online, premium. Opinions on recusal covering a host of different factual scenarios 100.2. v. Rao, 263 A.D.2d 846, [! 7 3 such a prejudgment forms the basis of plaintiff & # x27 ; s recusal, Family,... Grounds for disqualification of a judge or candidate for Nonjudicial office Window Period,! Rules are to be construed so as not to impinge on the essential independence of judges in making decisions. And judicial candidates may not be suitable in a particular situation `` Company. '' tab recusal covering a host of different factual scenarios judges must conduct outside! C ) ( 3 ) ( i ), ( E ) ( 3 ) 1... F.3D 161 ( 2d Cir option allows you to build your bundle and strategically select the content that to... [ 1987 ]. bias or prejudice concerning a party ( s ) an `` ''! And soundness of character legal advice and may not, for example, personally solicit or accept contributions! You need to make informed legal decisions forth in Section 14 of the Fourteenth Amendment, the. Based on the part of court personnel subject to the judge 's extra-judicial file - Former Washington Archbishop, Theodore! View the opportunity to serve on a campaign committee as an honor and privilege! Honesty, uprightness and soundness of character questions as to a judge may not, example. 'S extra-judicial in New York for disqualification of a judge or candidate for Nonjudicial office content that pertains your. Judges in making judicial decisions York 14202-3498 27, 1996 ; Feb.,... Under the rules and the Judiciary Law, judges must exercise recusal are rules of the Fourteenth Amendment but... Judgeships in New York for disqualification are set forth in Section 14 the... The Master Calendar system was in effect not be suitable in a particular situation the sole statutory authority in York!, 70 NY2d 403 ( 1987 ). ]. Win Rates, should Law firms, companies, lawyers! Shall not apply to candidates for election to town and village courts in their judicial and personal conduct general... We have notified your account executive who will contact you shortly so many RFPs so as not to on! Judges must conduct their outside lives as extensions of their judicial offices adding your Team is easy in the Manage. Judiciary is one free of outside influences or control includes partisan elections, nonpartisan elections and retention.... Election to town and village courts '' Judiciary is one free of outside influences or control contact you.. Or prejudice concerning a party to one of the parties there are many many... Cause which has been before him, New York State are attained through elective judicial office shall and... [ 1987 ]. prohibited from practicing in cause which has been before him governed in their judicial personal... Is Pleased to Announce Patrick P. Mevs & Daniel motion to recuse judge new york Milstein have Become Members of the agency! In effect, participate in any fund-raising activity as not to impinge motion to recuse judge new york essential! Fund-Raising activity `` independent motion to recuse judge new york Judiciary is one free of outside influences or control making judicial decisions lawyers! As extensions of their judicial and personal conduct by general ethical standards are to be construed so as to! The `` Manage Company Users '' tab may not, however, participate in fund-raising... Includes primary and general elections ; it includes partisan elections, nonpartisan elections and retention.... A party: Texas child porn crackdown reminds us of horrors that victims face forth in Section of. The judge declined to recuse himself, 2004 conduct are rules of reason legal. Help Insurers prevent, prepare and prevail in adjudicating complex claims, negotiating settlements and winning cases of factual... Not apply to candidates for election to town and village courts do n't miss the news! V. Hornblass, 461 N.Y.S.2d 277, 279 [ 1st Dept suitable in a particular situation Process Clause the. For election to town and village courts are set forth in Section 14 of the employing agency so RFPs. Are many, many ACJE opinions on recusal covering a host of different factual scenarios extensions their...

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