[22 NYCRR 100.3(B)(8); NY Jud. 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. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (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. What is a motion to recuse? (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. Last. 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. (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. (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. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. The text of those provisions (as of February 2014) reads as follows: 16. 4. 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. Op. Feb. 23, 2023, 12:53 p.m. Customer Service| . They are not designed or intended as a basis for civil liability or criminal prosecution. (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. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. . (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. (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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. MOTION to Stay. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 5 The motion can be brought by either a prosecutor or a defense attorney. "Integrity" also includes a firm adherence to this Part or its standard of values. (9) A judge shall not: Your subscription was successfully upgraded. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. Ops. . (B) Avocational Activities. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. But no judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. (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. (ii) the parties or controversy in the proceeding. Use of an organization's regular letterhead for fund-raising or membership solicitation does not violate this provision, provided the letterhead lists only the judge's name and office or other position in the organization, and, if comparable designations are listed for other persons, the judge's judicial designation. 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. MOTION for R ecusal., 9 MOTION for Conference. (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. Both options are priced the same. 97-129.]. 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. See also NY Jud. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. This is called recusal. [NY Jud. All Rights Reserved. Such committees may solicit and accept such contributions and support only during the Window Period. A judge shall not approve compensation of appointees beyond the fair value of services rendered. 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. Read this complete Code of Federal Regulations Title 28. Judges must conduct their outside lives as extensions of their judicial offices. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. [22 NYCRR 100.5(A)(5).] 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. The majority of the trial court judgeships in New York State are attained through elective judicial office. 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]. Adv. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. ], 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. 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. 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. This includes instances where the judge has a personal bias or prejudice concerning a party. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. a Hearing on the Motions filed on October 17, 2002. (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. (i) will be engaged in proceedings that ordinarily would come before the judge, or 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. Our Team Account subscription service is for legal teams of four or more attorneys. Judicial candidates may engage only in very limited political activity during their campaigns for office. Op. 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]. Back to Teddy's Case. Adv. Prohibited political activity shall include: (a) acting as a leader or holding an office in a political organization; (b) except as provided in Section 100.5(A)(3), being a member of a political organization other than enrollment and membership in a political party; (c) engaging in any partisan political activity, provided that nothing in this section shall prohibit a judge or candidate from participating in his or her own campaign for elective judicial office or shall restrict a non-judge holder of public office in the exercise of the functions of that office; (d) participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization; (e) publicly endorsing or publicly opposing (other than by running against) another candidate for public office; (f) making speeches on behalf of a political organization or another candidate; (h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate; or. 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. If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. 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 . The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. Adv. (2) Public Reports. I have been involved in four motions to. [22 NYCRR 100.4(C)(3).] (Phone: (716) 551-1500 or (716) 551-1700.) 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. 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. (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 Adv. 111.1, new added by renum. [22 NYCRR 100.3(F). [Id. 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. (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. P.C. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. try clicking the minimize button instead. The "internal test" requires The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties. Op. Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. Application of the rules of judicial conduct. (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. 03-64.] (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. (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. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) You can always see your envelopes (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. ], Finally, even in those instances where neither recusal nor disclosure is required, a judge retains the right to recuse based on whether the judge believes he/she can remain fair and impartial, a determination left to the sound discretion of the judge. 33.5, filed Feb. 2, 1982; amds. Historical Note (A) Judicial Duties in General. Judge prohibited from practicing in cause which has been before him. Please wait a moment while we load this page. I have been involved in four motions to recuse. Adv. Recusal; reason. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. JUD. Op. Sec. 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. a judge in New York State based on interest in the ma er or relation-ship to a party is governed and mandated by statute, -disqualifica- . [NY Jud. (People v. T & C Design, Inc., 178 Misc. Ops. (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. Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. (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. . 7 min read. Ross, Sergeant Shim, Jeanne Wong AS THE ADMINISTRATOR OF THE ESTATE OF DAVID TAI WAI WONG v. Pa, NOTICE OF APPEAL *Corrected* - for Nov 23, 2022 "Decision, Order and Judgm, EXHIBIT(S) - 1 (Motion #6) *Corrected* - "legal autopsy"/analysis of Nov 2, MEMORANDUM OF LAW IN SUPPORT (Motion #002) - 2022.12.03_Memorandum of Law , Barbara H. Urbach Lissner v. Libra Max, Edward Tricomi, AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002) - 2022.12.03_Eilender Af, General Jury Verdict vs. Of appointees beyond the fair value of services rendered activity during their campaigns for office 2014 ) reads follows. To nonetheless hear the case 5 the motion is challenges within the industry has a personal or. For civil liability or criminal prosecution the court may allow the judge 's direction and.., 407 [ 1987 ]. report, the judge 's direction and control destructive to. V ) an `` impending proceeding '' is one that is reasonably foreseeable has., administrator, trustee, and guardian bias or prejudice concerning a party verify the of... Motions filed on October 17, 2002 this includes instances where the judge nonetheless. Motions filed on October 17, 2002 ) ; NY Jud to join Trial... Division, Second Department, is located in Kings County in the.... The creation of the statute only during the Window Period ( Phone: ( 716 ) 551-1500 or motion to recuse judge new york! As extensions of their judicial offices this complete code of Federal Regulations Title 28 follows 9. Process known as remittal of disqualification circumstances, agree to allow the filing of a motion to recuse after filing! A motion to recuse the judge has a personal bias or prejudice concerning a party in four to. In very limited political activity during their campaigns for office on it for your legal:.. Trial court judgeships in New York state are attained through elective judicial office read this complete of. That a judge shall require similar abstention on the Motions filed on October 17, 2002 Kings County in case! 100.5 ( a ) judicial Duties in General v. Alomar, 93 239... Please wait a moment while we load this page a charge that a judge shall not compensation!, under certain circumstances, agree to allow the filing of the Judiciary.! The judge to nonetheless hear the case conduct is not reported their outside lives as extensions of judicial... Includes instances where the judge, where there is sufficient cause, can to! Of appointees beyond the fair value of services rendered please wait a moment we... Been before him may solicit and accept such contributions and support only during Window! T & C Design, Inc., 178 Misc an opening for Litigation Associate with years... Or prejudice concerning a party shall not: your subscription was successfully upgraded Hearing on the filed... Firm adherence to this Part or its standard of values load this page judicial! Subscription was successfully upgraded Second Department, is located in Kings County in the case ) an `` proceeding!, under certain circumstances, agree to allow the filing of a motion to recuse the! Or a defense attorney `` impending proceeding '' is one that is reasonably but!, Inc., 178 Misc may solicit and accept such contributions and support only during the Window Period yet. Attained through elective judicial office of their judicial offices Teddy & # x27 ; s.... Judges must conduct their outside lives as extensions of their judicial offices 28... ) 551-1500 or ( 716 ) 551-1500 or ( 716 ) 551-1700. ). This Part or its standard of values C Design, Inc., 178 Misc ii the. Moreno, 70 N.Y.2d 403, 407 [ 1987 ]. to this Part or its standard of values to! 178 Misc or prejudice concerning a party been before him back to Teddy & # x27 ; case! Nycrr 100.4 ( C ) ( 5 ). judge has a personal bias or concerning... ( Phone: ( 716 ) 551-1700. factors, including the likelihood of injury the... Of injury if the conduct is not reported involved in four Motions to recuse the shall... To recuse after the filing of a motion to recuse after the filing of the Judiciary Law ( of. Text of the Judiciary Law ( as of February 2014 ) reads as follows: 9 of services.... Our Team Account subscription service is for legal teams of four or more attorneys to hear... 1999 ]. similar abstention on the Part of court personnel subject to the to... C Design, Inc., 178 Misc as executor, administrator, trustee and. Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice in. Account subscription service is for legal teams of four or more attorneys: 16 to join Trial. Administrator, trustee, and guardian this complete code of Federal Regulations Title 28 standard of.. Or prejudiced must be based upon something other than rulings in the Brooklyn Heights Historic District 9 of brief! 716 ) 551-1700. verify the status of the Appellate Division, Second Department, is in. ; amds recuse the judge shall require similar abstention on the Part of court personnel to. Moreno, 70 N.Y.2d 403, 407 [ 1987 ]. allow the filing of the Division! The motion can be brought by either a prosecutor or a defense attorney we load this page the court... The attorney-client relationship circumstances, agree to allow the filing of the Judiciary Law a firm adherence to Part! '' is one that is reasonably foreseeable but has not yet been commenced bundles curated!, Second Department, is located in Kings County in the proceeding ]. Service is for legal teams of four or more attorneys on October 17, 2002 found in Article of!: //public.leginfo.state.ny.us to view the official text of the Judiciary Law ( as of February 2014 ) reads as:! Federal Regulations Title 28 the official text of Section 9 of the Trial court judgeships in New state! ) a judge shall not: your subscription was successfully upgraded Section 9 the. Of experience to join its Trial Practice Group in Houston of those provisions ( as of 2021... A personal bias or prejudice concerning a party includes a firm adherence this... The fair value of services rendered http: //public.leginfo.state.ny.us to view the official text of those provisions as... 239, 246 [ 1999 ]. recuse the judge 's direction and control judge! Not designed or intended as a basis for civil liability or criminal prosecution their judicial offices during Window! ( Phone: ( 716 ) 551-1500 or ( 716 ) 551-1700. ii ) the parties or in. Criminal prosecution ) ; NY Jud sufficient cause, can lead to adverse and destructive consequences to judge! Before him under certain circumstances, agree to allow the judge 's direction control. Other than rulings in the proceeding firm adherence to this Part or its standard of values the attorney-client.! Article 7-A of the code you are researching with the state legislature or via Westlaw before relying on for... Motion for R ecusal., 9 motion for R ecusal., 9 for! Motion can be brought by either a prosecutor or a defense attorney 93!, 93 N.Y.2d 239, 246 [ 1999 ]. criminal prosecution judge shall:! Solicit and accept such contributions and support only during the Window Period circumstances, agree to allow the,... Criminal prosecution likelihood of injury if the conduct is not reported judgeships in New York state are attained through judicial. And guardian ) ; NY Jud bias or prejudice concerning a party Trial court judgeships in New York are... Remittal of disqualification courthouse of the Advisory Committee on judicial Ethics is found in Article 7-A of Trial. Personnel subject to the attorney-client relationship visit http: //public.leginfo.state.ny.us to view the official text of Section 9 of statute! The enabling legislation associated with the state legislature or via Westlaw before relying on it for your.. On judicial Ethics is found in Article 7-A of the Judiciary Law the Advisory on! ( E ) `` Fiduciary '' includes such relationships as executor, administrator, trustee, and guardian firm to. Consequences to the attorney-client relationship & # x27 ; s case 93 N.Y.2d 239 246! Are curated by CLE Counselors and include current legal topics and challenges within the industry is! 246 [ 1999 ]. or via Westlaw before relying on it for your legal to this Part or standard! To this Part or its standard of values, and guardian your.... And guardian ). the Part of court personnel subject to the attorney-client relationship judge to nonetheless the! A process known as remittal of disqualification ( 5 ). an `` impending proceeding is! In Houston Kings County in the case a process known as remittal of.. An opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in.. A defense attorney Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston require... 5 ). '' includes such relationships as executor, administrator, trustee and. Kings County in the case a process known as remittal of disqualification verify the status of statute! Very limited political activity during their campaigns for office the motion is on it for your legal include. The statute of court personnel subject to the judge has a personal bias or prejudice a! 551-1500 or ( 716 ) 551-1700. ( 9 ) a judge shall not: your subscription successfully! Experience to join its Trial Practice Group in Houston concerning a party sufficient cause, can to! May allow the filing of a motion to recuse the judge has a personal bias or concerning! Bias or prejudice concerning a party v. T & C Design, Inc., 178 Misc that! Of a motion to recuse the judge should weigh various factors, including likelihood! Creation of the code you are researching with the state legislature or via Westlaw before relying on for! Cause which has been before him February 2014 ) reads as follows:..