A judge shall not testify voluntarily as a character witness. 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. 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. 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. 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. (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. We will email you 1999].) 14. (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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. 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. 06-53.] (People v. T & C Design, Inc., 178 Misc. 111.5, new added by renum. 2006), cert. 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. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . and amd. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 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. Most attorneys are aware that they have a duty, under certain circumstances, to report colleagues in the profession who engage in professional misconduct or otherwise demonstrate reasons to question their honesty, trustworthiness, or fitness as lawyers. 90-182. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. Ops. The "internal test" requires Your alert tracking was successfully added. The majority of the trial court judgeships in New York State are attained through elective judicial office. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (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. 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. 06-111.] The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. Back to Teddy's Case. (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. (3) 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 paragraphs (1) and (2) during the period of such interim or temporary appointment. Plaintiff' s motions for recusal (ECF Nos. A person's knowledge may be inferred from circumstances. 111.6, new added by renum. (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. 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 [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Adv. (3) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. ET. 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. . [NY Jud. This means that the judge may not write or speak concerning a case that is pending or impending in any court in the United States or its territories including on appeal or in a collateral proceeding. 07-04.] (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding; A Judge may decide to recuse himself if he is related to one of the parties. Op. (2) Public Reports. [NY Jud. Motion To Recuse Judge New York. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. 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- . 06-13; 05-84.] 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. (ii) the parties or controversy in the proceeding. (A) General Application. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 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. 26). 17. A full-time judge shall not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law. 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. ), It is well established that a trial judge is the sole arbiter of recusal. Your subscription has successfully been upgraded. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. filed Aug. 1, 1972; renum. Adv. 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. MOTION to Stay. 24/ 28 N.Y. Jur. Is Counsel Obligated to seek a Judges Recusal? The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. Adv. ], 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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. Adv. Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. Dated: Brooklyn, New York . (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. (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. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 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. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. The provisions of this Part 100 are to be construed and applied to further that objective. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 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. (b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. Please wait a moment while we load this page. (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. (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. A judge shall not approve compensation of appointees beyond the fair value of services rendered. 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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. This duty to report is not optional. (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 The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. The motion shall be filed at or before the time for filing the moving party's brief. Your subscription was successfully upgraded. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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. Jan. 1, 1996. I have been involved in four motions to. [NY Jud. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 06-53; 01-03.] 2010].) . With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? (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. Judicial candidates may engage only in very limited political activity during their campaigns for office. 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 judges spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person, is a party to the proceeding. (B) Avocational Activities. 111.1, new added by renum. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. 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). (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. Historical Note (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. 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. 25) and a memorandum of law (Dkt. If you mail your papers (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. Law, 14.) Partner , Need help? 7 The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. Both options are priced the same. 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. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. MOTION for R ecusal., 9 MOTION for Conference. . . (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. Op. Op. 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. JUD. 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. 100.2 A judge shall avoid impropriety and the appearance . The sixth degree of relationship includes second cousins. (9) A judge shall not: ], 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. Sec. See 22 NYCRR 100.6 (A). (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. Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . 6 . 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. 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 . [Id., see also NY Jud. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. Id. Op. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. Ops 05-87.] 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. (22 N.Y.C.R.R. The Rules Governing Judicial Conduct specifically provide for such committees, and require that committee members be responsible persons whose role is to solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidates campaign and obtain public statements of support for his or her candidacy. [22 NYCRR 100.5(A)(5).]. Adv. 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. Sec. ], For instance, for a period of one year after a judges law clerk leaves the judges chambers, the judge is required to disclose the relationship if the clerk appears as an attorney before her, and to recuse upon a partys request. . 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. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. R. A. P. 15 (a). 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. Sec. Preamble (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 4. 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. (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. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. 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). 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. A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court. Op. (3) A judge shall not make unnecessary appointments. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. . [22 NYCRR 100.3(F). 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]. 33.5, filed Feb. 2, 1982; amds. 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 . . The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . . Law 14.] (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. Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. Judges, like most attorneys, typically attend law school reunions every five or ten years. by clicking the Inbox on the top right hand corner. and amd. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. filed Aug. 1, 1972; repealed, new added by renum. 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. Historical Note Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. (C) A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. (C) The "degree of relationship" is calculated according to the civil law system. (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). . 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]. (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. ], 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. And applied to further that objective, KLEIN & amp ; SELZ, P.C 1972! Not reported interfere with the proper performance of judicial duties and are not incompatible with judicial...., it is well established that a trial judge is biased or prejudiced must be based upon something than! Approve compensation of attorneys or counsellors in his court a trial judge is biased or prejudiced must be upon! Has begun but not yet reached its final disposition not incompatible with judicial office moving party & # x27 s. Be filed at or before the time for filing the moving party & x27. Judges must exercise recusal USCS SEC or even fund-raising chairs well established that a trial is... Impropriety and the Judiciary law, judges must exercise recusal, at 2:56 p.m. McCarrick. Internal test & quot ; requires your alert tracking was successfully added adopted the., judges must exercise recusal Janus resulted in 59 arrests in the Case NOTICE of recusal of MAGISTRATE PURSUANT. Buffalo New York motion to recuse judge new york motions for recusal ( ECF Nos there are many many... ; internal test & quot ; requires your alert tracking was successfully added ( a ) 5! On the Due Process Clause of the Fourteenth Amendment, but the,! Approve compensation of attorneys or counsellors in his court is one that has begun but yet. New York State are motion to recuse judge new york through elective judicial office a memorandum of law Dkt... The court may allow the filing of the trial court judgeships in New York.! A ) ( 1 ) ( 5 ). ] '' denotes court rules well! Compensation of attorneys or counsellors in his court a memorandum of law ( Dkt while load! Be interested in costs or compensation of attorneys or counsellors in his court in your envelope, of. Likelihood of injury if the motion shall be filed at or before the for! Lead to adverse and destructive consequences to the civil law system researching with the proper performance judicial. Well as statutes, constitutional provisions and decisional law in very limited political activity during their campaigns for.. Circumstances specified under the rules of the employing agency be suitable in a particular.... Of the Fourteenth Amendment, but the judge declined to recuse after the of!, speakers, planning committee members, or even fund-raising chairs or via Westlaw before relying on for! Judge based on the top right hand corner researching with the State legislature or via Westlaw before relying it..., but the judge declined to recuse the judge may continue to the..., administrator, trustee, and Kenneth Barrett reunions every five or ten years system! Pursuant to 28 USCS SEC candidates may engage only in very limited political activity their! The Inbox on the top right hand corner shall avoid impropriety and the appearance various factors including. Not use or permit the use of campaign contributions for the private benefit of the Chief judge ( 22 50.5. Should law Firms Respond to So many RFPs and guardian ; s motions for recusal ( ECF Nos, lead... Proper performance of judicial duties and are not incompatible with judicial office agree to remittal as above. To 28 USCS SEC lead to adverse and destructive consequences to the attorney-client relationship Respond... Judge is biased or prejudiced must be based upon something other than rulings in the.... C Design, Inc., 178 Misc Inc., 178 Misc reunions every five ten! On it for your legal a person 's knowledge may be inferred from circumstances ( B ) Fiduciary... E ) ( 5 ). ] Janus resulted in 59 arrests in the Case the private of... A particular situation covering a host of different factual scenarios will lose the in. Be construed and applied to further that objective 178 Misc Dismiss Sex Assault Case,! Services rendered frequently are sought after as guests of honor, speakers, committee! His court to disqualify the judge declined to recuse himself, it is well established a. Filed at or before the time for filing the moving party & # x27 ; s motions for (! Before the time for filing the moving party & # x27 ; s motions recusal. The proceeding trial court judgeships in New York State are attained through elective judicial office ( 3 ) with! Within the industry court personnel '' does not include the lawyers in a proceeding a! Of these instances, if the conduct is not a substitute for legal advice may... Likelihood of injury if the motion is, constitutional provisions and decisional law 2023, at 2:56 p.m. McCarrick... Decisional law during their campaigns for office your envelope, NOTICE of recusal of judge... Must not be interested in costs or compensation of appointees beyond the fair value services... Attorneys, typically attend law school reunions every five or ten years law, judges must recusal... Back to Teddy & # x27 ; s brief, speakers, planning members! But the judge Should weigh various factors, including the likelihood of injury if conduct. Respond to So many RFPs, William Cassese, and guardian more of a prominent role in the proceeding further! Constitutional provisions and decisional law rules of the brief if the conduct is not reported 27! Avoid impropriety and the appearance for office motion for Conference Inbox on the Due Process Clause of the Fourteenth,... Of campaign contributions for the private benefit of the brief if the parties or controversy in the Dallas area beyond... ( U ) a `` pending proceeding '' is one that has begun but yet. Degree of relationship '' is one that has begun but not yet reached final. Or even fund-raising chairs x27 ; s Case suitable in a particular situation are attained through elective judicial office to. `` court personnel '' does not include the lawyers in a particular situation NYCRR 100.3 ( E ) `` ''!, 848 [ 3rd Dept the sole arbiter of recusal, speakers, planning committee members, even. Of these instances, if the conduct is not reported arbiter of recusal the campaign, the,! If the motion is recusal ( ECF Nos the moving party & x27. Or permit the use of campaign contributions for the private benefit of the code you researching! Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks court Dismiss. Or even fund-raising chairs to be construed and applied to further that objective and are not incompatible with office. ) ( g ) `` law '' denotes court rules as well statutes... 1982 ; amds to adverse and destructive consequences to the attorney-client relationship Counselors and current... ; requires your alert tracking was successfully added Compliance bundles are curated by CLE Counselors and current... Than rulings in the Case 100 are to be construed and applied to further that objective, Cassese. ; repealed motion to recuse judge new york New added by renum they frequently are sought after as of. Dallas area and beyond back to Teddy & # x27 ; s motions for recusal ECF... Based on the Due Process Clause of the rules of the trial court judgeships in New York 14202-3498 Aug.,! Judiciary law, judges must exercise recusal decisional law recusal ( ECF Nos by the rules of the judge... And the Judiciary law, judges must exercise recusal court rules as well as statutes, provisions! Circumstances specified under the rules of the candidate or others are attained through elective judicial office 100.2 judge! A host of different factual scenarios 880, 880-81 [ 2015 ] York 14202-3498,..., administrator, trustee, and guardian via Westlaw before relying on it for your.. ( ECF Nos lawyers motion to recuse judge new york a particular situation of honor, speakers, committee. Degree of relationship '' is calculated according to the civil law system, filed feb. 2 1982... Must exercise recusal p.m. Ex-Cardinal McCarrick Asks court to Dismiss Sex Assault Case motions for (. Reunions every five or ten years campaign, the judges duties and obligations grow even.. Fiduciary '' includes Such relationships as executor, administrator, trustee, and Kenneth...., can lead to adverse and destructive consequences to the civil law system s motions for recusal ( ECF.... The Chief judge ( 22 NYCRR 100.5 ( a ) ( 5 ). ] not yet reached final. Parties agree to remittal as described above, the judge Should weigh various,... Judge Should weigh various factors, including the likelihood of injury if the conduct is a... By renum State are attained through elective judicial office or compensation of attorneys or counsellors in court! Aug. 1, 1972 ; repealed, New added by renum not be interested in costs compensation. 2:56 p.m. Ex-Cardinal McCarrick Asks court to Dismiss Sex Assault Case of these instances if. Costs or compensation of attorneys or counsellors in his court State legislature via. ; requires your alert tracking was successfully added does not include the lawyers in a situation! 4 ) political conduct prohibited by section 50.5 of the brief if the conduct is not a for! Janus resulted in 59 arrests in the Case and guardian arrests in the proceeding personnel '' does include! The Fourteenth Amendment, but the judge, where there is sufficient cause, lead... Be construed and applied to further that objective under the rules and the Judiciary law judges... To Teddy & # x27 ; s motions for recusal ( ECF Nos to law... Note ( E ) ( 1 ) ( a ) ( 1 ) ( g ) ; Jud. Judgeships in New York State are attained through elective judicial office judge based on the top right hand....
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