. Added (R) - (V) on Feb. 14, 2006. 05-134.] So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. Your alert tracking was successfully added. They can, but doing so can raise ethics issues during and after the campaign season. 95-58; 88-157. If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted 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, the judge may participate in the proceeding. (b) 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. [NY Jud. Op. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). Sec. AntiSec hacker sentenced after judge refuses to recuse (2013) . 06-99; 06-24; 05-30. Op. Contact Us| The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. 6 A judge shall perform the duties of judicial office . Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 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. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. Any payment in excess of such an amount is compensation. "Subdivision"-refers to a provision designated by a capital letter (A). A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. (Phone: (716) 551-1500 or (716) 551-1700.) [NY Jud. 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. A court should ordinarily decide a motion to recuse, which is a discretionary call . (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. MOTION for Recusal., 9 MOTION for Conference. (K) "Nonpublic information" denotes information that, by law, is not available to the public. Adv. Adv. 06-111.] (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. "Subparagraph"-refers to a provision designated by a lower-case letter (a). Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. 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. 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. 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. 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. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? 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. 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 . (22 N.Y.C.R.R. 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. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. 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. (C) The "degree of relationship" is calculated according to the civil law system. (12) It is not a violation of this Rule for a judge to make reasonable efforts to facilitate the ability of unrepresented litigants to have their matters fairly heard. Adv. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 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. (O) "Require". Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. A judge shall so conduct the judge's extra-judicial . (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. . Adv. (2) Public Reports. [NY Jud. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. Adv. 126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned 127 - Assignment & Compensation Of Counsel, Psychiatrists, 129 - Fair Treatment Standards For Crime Victims, 131 - Audio-Visual Coverage Of Judicial Proceedings, 132 - Unified Court System Employee Suggestion Incentive Program, 133 - Unified Court System Merit Performance Award Program, 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction, 136 - Fee Arbitration in Domestic Relations Matters, 140 - Civil Actions Or Proceedings Brought By Inmates, 141 - Integrated Domestic Violence Parts and Domestic Violence Parts, 142 - Criminal Division of Supreme Court in Bronx County, 144 - New York State Parent Education and Awareness Program, 145 - Integrated Youth Court in Westchester County, 146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters, 148 - Relief From Federal Firearms Disabilities Program, 149 - Superior Court Adolescent Diversion Parts, 150 - Independent Judicial Election Qualification Commissions. Associate May Manage N.Y. Office for N.J. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. (G) Practice of Law. 2006), cert. 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. Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. . (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. 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. 8 Disqualification of judge by reason of interest or consanguinity. 07-73; 06-44. A judge or candidate for elective judicial office shall . 06-13; 05-84.] filed Nov. 26, 1976; renum. Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; Law, 14.) This is called recusal. (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. (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. 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. ], 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. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. "Integrity" also includes a firm adherence to this Part or its standard of values. (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. Op. 26). (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Adv. Functions of the chief administrator of the courts. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. 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. . United States Magistrate Judge . Last. You can always see your envelopes (2) A judge shall require order and decorum in proceedings before the judge. (1) A judge shall be faithful to the law and maintain professional competence in it. (S) An "independent" judiciary is one free of outside influences or control. [22 NYCRR 100.5(A)(5).] Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Sec. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. 2010].) Law 14.] 2d 971 [1998]. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. 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. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. ET. 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. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. 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. Application of the rules of judicial conduct. Ops. (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. Adv. ), 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. (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 Judge may decide to recuse himself if he is related to one of the parties. 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. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. License our industry-leading legal content to extend your thought leadership and build your brand. 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. . Does this mean that lawyers cannot support judicial candidates? FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. For full print and download access, please subscribe at https://www.trellis.law/. The agreement shall be incorporated in the record of the proceeding. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. Op. Similarly, the ACJE has opined that a judge is not required to exercise recusal if a lawyer appearing before the judge did nothing more than volunteer to be listed among attorneys supporting the judges election campaign. Op. (A) General Application. Do not send your Motion papers directly to the judge's chamber. (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. (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. 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