Wherever possible they should act sua sponte and refer the matter to their Administrative Judge (if one is available) for reassignment to another Judge, just for the question of recusal. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. In the performance of these duties, the following standards apply. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. Law360 (February 28, 2023, 11:04 PM EST) -- An investment services firm tied to the ex-CEO of bankrupt Highland Capital Management is fighting to have a Texas bankruptcy judge recuse herself from . Judge . 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. 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. Jan. 1, 1996. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . filed Aug. 1, 1972; renum. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. (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. A Judge would conference the case with counsel in order to promote a settlement. 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. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . I have been involved in four motions to recuse. Last. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . Op. 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. (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. . (2) Public Reports. (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. Ops. ], Even where the Rules do not require a judge to exercise recusal from hearing a case, often they dictate disclosure of the relevant facts to the parties during a certain period of time. 01-07. 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. (Phone: (716) 551-1500 or (716) 551-1700.) Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . . Judicial candidates may engage only in very limited political activity during their campaigns for office. Your credits were successfully purchased. 11 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]. (G) Practice of Law. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. [NY Jud. I have been involved in four motions to. The judicial duties of a judge take precedence over all the judge's other activities. After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. The Justices of the Supreme Court are elected to 14-year . (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) (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. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 33.5, filed Feb. 2, 1982; amds. Please wait a moment while we load this page. 17. [22 NYCRR 100.3(F).] If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. (M) "Political organization" denotes a political party, political club or other group, the principal purpose of which is to further the election or appointment of candidates to political office. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Adv. Law, 14.) February 22, 2023. ], 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. Lawyers may wish to state publicly that they support a particular judicial candidate. Adv. [22 NYCRR 100.4(C)(3).] Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! (1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. ), 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. This duty to report is not optional. Adv. One of the most common, but perhaps least understood, judicial ethics issues that lawyers encounter is the need for a judge to recuse from hearing a specific case. Historical Note A judge shall exercise the power of appointment impartially and on the basis of merit. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. In support of the Motion to Strike, they filed a factual affidavit (Dkt. They are not designed or intended as a basis for civil liability or criminal prosecution. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. (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. (F) Remittal of Disqualification. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). A law . Judge prohibited from practicing in cause which has been before him. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] 06-13; 05-84.] Customer Service| (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. 97-129.]. Judge prohibited from practicing law in his court. Op. Copyright 2023 ALM Global, LLC. The motion shall be filed at or before the time for filing the moving party's brief. Read this complete Code of Federal Regulations Title 28. 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. 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. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. Ops. So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. 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). (i) an issue in the proceeding; or . Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 Are set forth in Section 14 of the most knowledgeable and experienced attorneys our! 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motion to recuse judge new york