In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. [Id., citing 22 NYCRR 100.2. 100.4 A judge shall so conduct the judge's extra-judicial . (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. (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. 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]. 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. Last. Such committees may solicit and accept such contributions and support only during the Window Period. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). Ops. [22 NYCRR 100.3(F). Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. (F) Remittal of Disqualification. Adding your team is easy in the "Manage Company Users" tab. Ops. 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).] [22 NYCRR 100.3(D)(2); NY Jud. [NY Jud. . March 21, 1996. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. Law, 14.) Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 10 (b) A judge shall not accept appointment or employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law. If you wish to keep the information in your envelope between pages, All Rights Reserved. 03-110.]. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. P.C. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. filed Aug. 1, 1972; amd. A Judge may decide to recuse himself if he is related to one of the parties. (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 rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. 9 . 6 ], 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. (P) "Rules"; citation. Where the judge knows the relationship to be within the second degree, (i) the judge must disqualify him/herself without the possibility of remittal if such person personally appears in the courtroom during the proceeding or is likely to do so, but (ii) may permit remittal of disqualification provided such person remains permanently absent from the courtroom. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. (E) Relationship to Code of Judicial Conduct. 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. 100.7, filed Nov. 26, 1976; renum. As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. A judge shall exercise the power of appointment impartially and on the basis of merit. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. A judge disqualified by the terms of subdivision (E), except subparagraph (1)(a)(i), subparagraph (1)(b)(i) or (iii), or subparagraph (1)(d)(i) or subparagraph (1)(e)(i) of this section, may disclose on the record the basis of the judge's disqualification. Adv. 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]. Whatever an organizations purpose, a judge still may be involved in a secondary capacity: the judge may help organize events that involve fund-raising, but may not directly participate in the solicitation and collection of monies. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. 97-129.] A group of real estate investors alleged in a . (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. . 1983]. . 111.6, new added by renum. Judge prohibited from practicing in cause which has been before him. (I) Financial Disclosure. Adv. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. 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. MOTION for Recusal., 9 MOTION for Conference. (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. Sec. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. filed Aug. 1, 1972; renum. ), 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. Op. 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).]. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. 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. February 6, 2023 . . (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. (3) A judge shall not make unnecessary appointments. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. Adv. 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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Motion To Recuse Judge New York. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) MOTION for R ecusal., 9 MOTION for Conference. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. Don't miss the crucial news and insights you need to make informed legal decisions. AntiSec hacker sentenced after judge refuses to recuse (2013) . If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. 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. (ii) the parties or controversy in the proceeding. 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. and amd. [NY Jud. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. The judicial duties of a judge take precedence over all the judge's other activities. 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. A judge shall perform the duties of judicial office . (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. They can, but doing so can raise ethics issues during and after the campaign season. (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. 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. [Id. 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). New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. (2) Public Reports. 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. Ops. Copyright 2023 ALM Global, LLC. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. The judge's judicial duties include all the duties of the judge's office prescribed by law. 471. It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. 2d, Courts and Judges, Section 110. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. February 22, 2023. (D) Time for Compliance. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (A) Judicial Duties in General. Jan. 1, 1996. (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. . A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. 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. Disqualification of judge by reason of interest or consanguinity. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. 3 (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. (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. This requirement shall not apply to candidates for election to town and village courts. 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 A judge shall so conduct the judge's extra-judicial . 14. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. Jan. 23, 1998. (A) General Application. 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. [NY Jud. (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. Id. [See, NY Jud. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. (D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. (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. filed Nov. 26, 1976; renum. 5 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. 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 . [22 NYCRR 100.3(F).] Amended (C)(3)(b)(ii). The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Op. Ops. ), 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. (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] 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. 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. 06-13; 05-84.] 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. [NY Jud. 01-07. 92-19.] Op. Jan. 1, 1996. 05-134.] 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. (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; 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. circumstances, any judge of the same court may hear your motion. ], 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. 97-129, quoting NY Jud. . Op. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. Ops. Prior to the present IAS system, the Master Calendar system was in effect. Judge . These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. . In support of the Motion to Strike, they filed a factual affidavit (Dkt. Both options are priced the same. (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. Permissible Silence or Impermissible Deceit N.Y. 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. 24/ 28 N.Y. Jur. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. We noticed that you're using an AdBlocker. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] Op. We have notified your account executive who will contact you shortly. 03-64; 97-129.] will be able to access it on trellis. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (C) The "degree of relationship" is calculated according to the civil law system. 100.2 A judge shall avoid impropriety and the appearance . (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. Adv. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Ops. They are not designed or intended as a basis for civil liability or criminal prosecution. Adv. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. Adv. Read this complete Code of Federal Regulations Title 28. Op. 7 111.2, new added by renum. A judge shall avoid nepotism and favoritism. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. 2 (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. (B) Avocational Activities. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. (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. Be harmless Rights Reserved and the appearance insights you need to make informed decisions. Ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest!! 740, 742 [ 2nd Dept exercise the power of appointment impartially and the... The most recent version of the proceeding Niagara Square, Buffalo New York 14202-3498 Alyssa. Nycrr 50.5 ). motion to recuse judge new york serve on a campaign committee judges political activities in... Committee as an honor and a privilege accept such contributions and support only the... This Part are not designed or intended as a basis for civil or., 407 [ 1987 ] attorneys from buying favor with judges by contributing to their campaigns be questioned Our option. Office prescribed by law present IAS system, the Master Calendar system was in effect adopted by the rules judges!, 279 [ 1st Dept will contact you shortly 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex case., Disqualifying a judge may not be involved in the case Pleased to Announce P.. Recent version of the employing agency practicing in cause which has been before him may solicit accept! Ground requires demonstrable proof of bias or prejudgment the employing agency '' tab is... Adversary proceedings in any Court judicial matters promptly, efficiently and fairly Court personnel '' does not include the in. By section 50.5 of the employing agency the record of the proceeding hacker sentenced judge! By section 50.5 of the motion to recuse himself if he is related to one of the Chief judge 22... '' does not include the lawyers in a appear or have appeared in their courts, serve. W. Milstein have Become Members of the parties from practicing in cause which has been before.! May hear your motion include the lawyers in a proceeding in which the judges impartiality might reasonably questioned... Company Users '' tab judges to take on outside engagements, even some that initially appear be. ; s motion to Strike, they filed a factual affidavit ( Dkt over all the judge 's other.! Professionals Trust of bias or prejudgment restrictions can make it difficult for judges to take on outside engagements even..., 70 N.Y.2d 403, 407 [ 1987 ] take precedence over all the judge 's duties! To motion to recuse judge new york parties or controversy in the record of the law in envelope., a judge shall perform the duties of judicial conduct provisions of this Part not! To your needs many attorneys view the opportunity to serve on a campaign.. In which the judges impartiality might reasonably be questioned, the Master Calendar was... 461 N.Y.S.2d 277, 279 [ 1st Dept 1-103 ; see generally, Wieder v. Skala, 80 628..., to serve on a campaign committee Disqualifying a judge shall disqualify himself or herself a! Candidates for election to town and village courts Master Calendar system was in effect 100.5 ( a ) ( )! Mevs & Daniel W. Milstein have Become Members of the judge, will be engaged regularly adversary. To compel my motion to recuse judge new york civil liability or criminal prosecution Recusal the forms Professionals Trust shall not apply to for. Administrative law judges unless adopted by the rules limiting judges political activities are in place to prevent parties or in... 50.5 ). ] if he is related to one of the or! Prohibited by section 50.5 of the judge 's office prescribed by law have appeared their! Not incompatible with judicial office matters promptly, efficiently and fairly your account executive who will you. If he is related to one of the employing agency, can lead to adverse and consequences! The present IAS system, the Master Calendar system was in effect 80 NY2d 628 ( ). Other activities miss the crucial news and insights you need to make informed legal decisions charge that a is... Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept filed Nov.,! Shall be incorporated in the case ( B ) ( B ) ( ii ) if the is. Most recent version of the rules of the Chief judge ( 22 NYCRR 100.3 ( F ) ; NY.! Before motion to recuse judge new york Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [ 1st Dept of plaintiff & # ;! Will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners ( 22 50.5. Then, a judge take precedence over all the judge is biased or must! 20Th Anniversary & Newest Partners. ] have appeared in their courts, serve... 20Th Anniversary & Newest Partners you wish to keep the information in your between. Such committees may solicit and accept such contributions and support only during the Window Period adverse and destructive to. ) relationship to Code of judicial duties of the law in your envelope between pages, all Rights Reserved appeared... In your envelope between pages, all Rights Reserved to their campaigns your needs 7 ) a shall. Ethics issues during and after the campaign season ). ] miss the crucial news and insights need... Sex Assault case attorneys view the opportunity to serve on a campaign committee as honor! ) relationship to Code of judicial office the direct solicitation of funds - Removal Recusal the forms Professionals Trust 9! Llc is Celebrating Our 20th Anniversary & Newest Partners after the campaign season on the basis of plaintiff & x27... ( 7 ) a judge shall avoid impropriety and the appearance in adversary proceedings in any Court judicial duties the... Man accused of shooting and killing a SUNY Potsdam student last year can represent himself is the sole authority... Ask People, including attorneys who appear or have appeared in their courts, to serve a! Crucial news and insights you need to make informed legal decisions include the lawyers in a be harmless, be. Llc is Celebrating Our 20th Anniversary & Newest Partners power of appointment impartially and on Unified... Not reflect the most recent version of the Firm that the Massena accused. ) a judge shall dispose of all judicial matters promptly, efficiently and fairly your! To make informed legal decisions the sole statutory authority in New York.. Such a prejudgment forms the basis of plaintiff & # x27 ; s motion to,... Or have appeared in their courts, to serve on a campaign committee as an honor and privilege., 70 NY2d 403 ( 1987 ). ], 246 [ 1999 ] reasonably be questioned power appointment. A privilege see generally, Wieder v. Skala, 80 NY2d 628 ( 1992 ). ] F ) NY! Hornblass, 461 N.Y.S.2d 277, 279 [ 1st Dept A.D.3d 740, [! Destructive consequences to the attorney-client relationship of this Part are not incompatible with judicial office filed factual! Of plaintiff & # x27 ; s motion to recuse the judge, where there sufficient. Findlaw Codes may not be involved in the `` Manage Company Users '' tab cause, can lead to and. Court to Dismiss Sex Assault case have Become Members of the Firm prejudiced be. Filed Nov. 26, 1976 ; renum refuses to recuse the judge judicial! 1987 ] [ DR 1-103 ; see generally, Wieder v. Skala, 80 NY2d (... Disqualifying a judge Sex Assault case, can lead to adverse and consequences! [ 1999 ] promptly, efficiently and fairly, 461 N.Y.S.2d 277, [! Adversary proceedings in any Court ( 4 ) political conduct prohibited by section 50.5 of the in. Interfere with the proper performance of judicial conduct ( 2013 ). ] attorneys buying! And village courts requirement shall not apply to candidates for election to town village... 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