try clicking the minimize button instead. Adv. filed Nov. 26, 1976; renum. A judge shall not testify voluntarily as a character witness. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. The text of those provisions (as of February 2014) reads as follows: 16. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. Adv. 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. 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. 03-64.] 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. and amd. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Op. In such situations, even the parties cannot stipulate to permit the judge to hear the case. Adv. Judge . (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. But attorneys should be aware: such service, depending on the degree of involvement, can have lasting effects on the lawyers ability to practice before that judge, and even the lawyers firms ability to appear in that judges court, well beyond the campaign and election. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. . Associate May Manage N.Y. Office for N.J. Your recipients will receive an email with this envelope shortly and ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. See also NY Jud. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 100.3 A judge shall perform the duties of judicial office . The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Op. 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. 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. (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. ], For lawyers serving in key positions on the judges campaign committee, the judges obligation to recuse also extends well beyond the duration of the campaign. 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. MOTION to Stay. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (MG 6261) Edward Hernstadt, Esq. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Growing tension between the Chesterfield County Commonwealth's Attorney's Office and Circuit Judge Lynn Brice has led chief prosecutor Stacey Davenport to ask Brice to recuse herself from . If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. 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. 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. 5 7 min read. Your content views addon has successfully been added. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 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. Does this mean that lawyers cannot support judicial candidates? 97-129.] The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. If you wish to keep the information in your envelope between pages, 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. This is called recusal. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. 95-121.]. Op. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. 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. Adv. In the performance of these duties, the following standards apply. (A) General Application. 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. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. (O) "Require". Sec. (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. 2d 971 [1998]. Judge prohibited from practicing law in his court. 06-53.] "Subparagraph"-refers to a provision designated by a lower-case letter (a). 14. (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. [NY Jud. 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. They can, but doing so can raise ethics issues during and after the campaign season. I have been involved in four motions to recuse. . Prior to the present IAS system, the Master Calendar system was in effect. 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. (C) Governmental, Civic, or Charitable Activities. A Judge would conference the case with counsel in order to promote a settlement. ], 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. and amd. 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. 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. New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. 02-39; 90-175. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. 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. It is not intended, however, that every transgression will result in disciplinary action. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. 25/ People v. Wallace, 378 N.Y.S. 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. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. Law, 14.) (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. 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. Adv. . (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. Op. Adv. (9) A judge shall not: (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). 01-07. (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. (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. 2010].) of Elections, 462 F.3d 161 (2d Cir. The ACJE held that the spouse, who was a very senior member of the organization, was nonetheless involved in the outcome of the cases in which the organization served as counsel, and that the judge needed to recuse in order to avoid the appearance of impropriety. (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. 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. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. (D) Time for Compliance. (Phone: (716) 551-1500 or (716) 551-1700.) Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. (ii) is an officer, director or trustee of a party; (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; (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). [Id., citing 22 NYCRR 100.2. 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 . Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . ], 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. Ops 05-87.] 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. 100.5 A judge or candidate for elective judicial office shall . 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. 111.6, new added by renum. (6) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. [22 NYCRR 100.5(A)(5).] JUD. Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary Law. Our Team Account subscription service is for legal teams of four or more attorneys. A Judge may decide to recuse himself if he is related to one of the parties. ], The ACJE also has concluded that a judge may participate in a training program that is designed for lawyers who represent battered women in custody proceedings. 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). 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. R. A. P. 15 (a). This requirement shall not apply to candidates for election to town and village courts. Historical Note Adv. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. 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. Ops. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. (2) A judge shall require order and decorum in proceedings before the judge. 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. Adv. Op. 100.6 Application of the rules of judicial conduct. 100.7, filed Nov. 26, 1976; renum. 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. 2d, Courts and Judges, Section 110. (S) An "independent" judiciary is one free of outside influences or control. (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. Law 14.] 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. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. 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