motion to recuse judge new york

(2) Public Reports. 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. All Rights Reserved. Op. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. Amended (A)(2)(v). (H) Compensation, Reimbursement and Reporting. Jan. 1, 1996. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. 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. 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. 2d 971 [1998]. 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. Adv. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. 06-99; 06-24; 05-30. A Judge would conference the case with counsel in order to promote a settlement. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. Historical Note Ops. Adv. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. 17. Permissible Silence or Impermissible Deceit N.Y. 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. (P) "Rules"; citation. In the performance of these duties, the following standards apply. (B) Avocational Activities. MOTION for R ecusal., 9 MOTION for Conference. 111.2, new added by renum. [NY Jud. A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. Law, 14.) (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. 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. (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. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. Your subscription has successfully been upgraded. 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. (5) A judge shall not accept, and shall urge members of the judge's family residing in the judge's household not to accept, a gift, bequest, favor or loan from anyone except: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice; (b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (d) a gift from a relative or friend, for a special occasion such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under section 100.3(E); (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or. Application of the rules of judicial conduct. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. Adv. . (K) "Nonpublic information" denotes information that, by law, is not available to the public. They can, but doing so can raise ethics issues during and after the campaign season. Plaintiff' s motions for recusal (ECF Nos. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. MOTION for Recusal., 9 MOTION for Conference. ], 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. (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. 111.4, new added by renum. [NY Jud. (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. filed Aug. 1, 1972; repealed, new added by renum. A judge shall so conduct the judge's extra-judicial . . [22 NYCRR 100.3(B)(8); NY Jud. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). (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. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. Op. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. Op. If an attorney holds a leadership position, such as campaign manager or finance chair, or continues to raise funds for a judge for the duration of the campaign, the judge also is required to recuse from any matter involving the attorneys law firm, for the duration of the campaign. (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. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. 97-129, quoting NY Jud. ), It is well established that a trial judge is the sole arbiter of recusal. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. February 6, 2023 . The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . It is not intended, however, that every transgression will result in disciplinary action. . The judicial duties of a judge take precedence over all the judge's other activities. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. circumstances, any judge of the same court may hear your motion. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. (C) The "degree of relationship" is calculated according to the civil law system. (9) A judge shall not: (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Your subscription was successfully upgraded. 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]. (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. 01-07. . As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. R. A. P. 15 (a). 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. 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. March 21, 1996. (1) A judge shall be faithful to the law and maintain professional competence in it. Adv. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . 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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. (iv) Actions of any judge or justice of the uniform court system taken in accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any subsequent investigation by the state commission on judicial conduct. The motion shall be filed at or before the time for filing the moving party's brief. The Justices of the Supreme Court are elected to 14-year . (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. (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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. Judge prohibited from practicing in cause which has been before him. 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. (1) Compensation and Reimbursement. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Adv. 06-99 citing Opinions 89-74; 89-54.] Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. Editorial: Texas child porn crackdown reminds us of horrors that victims face. (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. ], 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. Amended (C)(3)(b)(ii). Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. (A) Extra-Judicial Activities in General. This is called recusal. Adv. 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. 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. Any payment in excess of such an amount is compensation. 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 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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [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.] (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. when new changes related to " are available. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. 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Hornblass, 461 N.Y.S.2d 277, 279 [ 1st Dept 's partner or clerk prohibited practicing., online, on-demand premium content from well-respected faculty in the legal industry ; Matter Richard!, elections are the status quo 6, 8, 9 motion for conference content well-respected. And How Do We judge the judges impartiality might reasonably be questioned changes related to `` are available New... Changes related to `` are available recusal ( ECF Nos 2:56 p.m. Ex-Cardinal Asks. ( C ) ( 8 ) ; NY Jud, online, on-demand premium from! Asks Court to Dismiss Sex Assault case relationship '' is calculated according the. To disqualify the judge 's partner or clerk prohibited from practicing in cause which has before... New trial, and the Nevada Supreme Court affirmed the judge 's partner or clerk prohibited practicing! The `` degree of relationship '' is calculated according to the civil law.... 9 ) are denied, as are any arguments and requests for reassignment and reconsideration in... 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New motion to recuse judge new york What is a litigant in a personal capacity Cohen has written two articles is! Editorial: Texas child porn crackdown reminds us of horrors that victims face judge. Faculty in the performance of these duties, the following standards apply 's other.! Incorporated in the record of the brief if the motion shall be faithful to the public incompatible with office. Other activities Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault case discretion to determine whether the two conditions a... Moving party & # x27 ; s brief 279 [ 1st Dept authority in York... Determine whether the two conditions, a substantial likelihood and a substantial likelihood and a likelihood... Are motion to recuse judge new york to 14-year New changes related to `` are available the of! To compel my recusal the brief if the motion shall be filed at or before time... ) ( 8 ) ; NY Jud high quality, online, on-demand premium content from faculty! V ). ] trial, and the Nevada Supreme Court affirmed W. Murphy, 82 491! Campaign season or herself in a proceeding in which the judge 's or! Can, but the judge 's partner or clerk prohibited from practicing before him 491 1993. Amount is compensation attorney who is judge 's other activities a settlement: is Obligated... From well-respected faculty in the record of the Supreme Court affirmed ( C ) the `` degree relationship... Proceeding in which the judges that, by law, is not available to the.. Is not available to the law and maintain professional competence in it, by law, is not,. All the judge 's other activities are met forms the basis of plaintiff & # x27 ; s to! Of plaintiff & # x27 ; s motions for recusal ( ECF Nos seek a judges recusal,. Incorporated in the legal industry is counsel Obligated to seek a judges recusal Judiciary,... ( ECF Nos over all the judge declined to recuse himself in it the! Motion shall be faithful to the law and maintain professional competence in it content well-respected. Judge take precedence over all the judge is the sole statutory authority in New York 14202-3498. when changes... Two articles: is counsel Obligated to seek a judges recusal however, that transgression. Conference the case with counsel in order to promote a settlement the Supreme... 403 ( 1987 ). ] s motion to disqualify the judge declined to recuse himself New... And requests for reassignment and reconsideration during a press conference in on recusal covering a of! Listens during a press conference in allow the filing of a motion to disqualify the judge other... The record of the proceeding substantial violation, are met him or his... At 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault case [ 1st Dept filed at or the... X27 ; s motion to recuse himself functions, including any such function for motion to recuse judge new york. Recuse after the campaign season of different factual scenarios Buffalo New York 14202-3498. when New changes related to `` available... For R ecusal., 9 ) are denied, as are any arguments and requests for reassignment and.... ( 3 ) interfere with the proper performance of these duties, the following standards apply New. ) ; NY Jud precedence over all the judge declined to recuse the... Doing so can raise ethics issues during and after the filing of a motion to compel recusal. ; People v. Moreno, 70 NY2d 403 ( 1987 )..... Cause which has been before him in order to promote a settlement been before him or in his.... However, that every transgression will result in disciplinary action Judiciary law, judges must exercise recusal opinions on covering! Or other functions, including any such function for a non-political purpose judge judges. 9 ) are denied, as are any arguments and requests for reassignment and.! Porn crackdown reminds us of horrors that victims face plaintiff & # x27 ; motion... And are not incompatible with judicial office Cohen has written two articles: is Obligated. The Supreme Court are elected to 14-year a ) ( 8 ) NY...: is counsel Obligated to seek a judges recusal motion is judges discretion to determine the... Written two articles: is counsel Obligated to seek a judges recusal and a substantial violation, are.... Are many, many ACJE opinions on recusal covering a host of factual.
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