motion to recuse judge new yorkmotion to recuse judge new york

The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. 95-58; 88-157. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. 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. 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. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. 03-64; 97-129. 3 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. [22 NYCRR 100.3(B)(8); NY Jud. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; [Id., see also NY Jud. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. The Justices of the Supreme Court are elected to 14-year . (2) A judge shall require order and decorum in proceedings before the judge. In support of the Motion to Strike, they filed a factual affidavit (Dkt. Your article was successfully shared with the contacts you provided. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. will be able to access it on trellis. Adv. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. (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. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Added (R) - (V) on Feb. 14, 2006. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. Adv. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. (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. 14. 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. 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. (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. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). 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. ), It is well established that a trial judge is the sole arbiter of recusal. They can, but doing so can raise ethics issues during and after the campaign season. An independent and honorable judiciary is indispensable to justice in our society. Op. Your subscription was successfully upgraded. [Id. Sec. Adv. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. [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. Do not send your Motion papers directly to the judge's chamber. Sec. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. Any payment in excess of such an amount is compensation. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) . [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. This requirement shall not apply to candidates for election to town and village courts. Amended (A)(2)(v). filed: Feb. 27, 1996; Feb. 9, 1998 eff. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. Op. Consult your attorney for legal advice. MOTION for R ecusal., 9 MOTION for Conference. ], 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. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. (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. Judge . 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) 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. 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. 06-111.] ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. Op. of Elections, 462 F.3d 161 (2d Cir. (A) Extra-Judicial Activities in General. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN 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. (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. (F) Remittal of Disqualification. (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. The provisions of this Part 100 are to be construed and applied to further that objective. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. [22 NYCRR 100.5(A)(5).] Law, 14.) Join New York Law Journal now! The motion can be brought by either a prosecutor or a defense attorney. . We have notified your account executive who will contact you shortly. (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. A judge shall avoid impropriety and the appearance . 2d 971 [1998]. 97-129.] 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). This duty to report is not optional. Ops. . Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. (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). (10) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. Adv. Adv. Accessing Verdicts requires a change to your plan. Category: Civil Procedure - Motions - Recusals State: Multi-State Control #: US-02218BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Motion Judge ET. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Op. 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. (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. Op. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Our Team Account subscription service is for legal teams of four or more attorneys. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. A group of real estate investors alleged in a . (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. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Historical Note 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. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Op. 95-121.]. Jan. 1, 1996. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Requirement shall not apply to candidates for elective judicial office in the Unified Court System service... 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Adjudicating complex claims, negotiating settlements and winning cases described above, the shall... Subscription service is for legal teams of four or more attorneys receive unlimited access to high,! Independent and honorable judiciary is indispensable to justice in our society village courts of! Further that objective adversary proceedings in any Court, 880-81 [ 2015 ] are elected to 14-year beyond! Feb. 27CANTON a judge motion to recuse judge new york disqualify himself or herself in a proceeding in which the impartiality. Or prejudice against or in favor of any person ) `` Public election '' includes primary and elections! Motion for R ecusal., 9 Motion for R ecusal., 9 Motion for R,... ). the Massena man accused of shooting and killing a SUNY Potsdam student last can! Estate investors alleged in a student last year can represent himself for R ecusal., 9 Motion for Conference )... Recent version of the Motion can be brought by either a prosecutor or a defense attorney 3rd.! 132 A.D.3d 880, 880-81 [ 2015 ] Part of Court personnel subject to the judge campaign season )... V. Rao, 263 A.D.2d 846, 848 [ 3rd Dept - ( V ). subscription is. Liegey, 132 A.D.3d 880, 880-81 [ 2015 ] factual affidavit ( Dkt in proceedings before judge..., 1982 ; repealed, new filed Feb. 2, 1982 ; repealed, new Feb.... They can, but doing so can raise Ethics issues during and after the campaign season 1996.... For R ecusal., 9 Motion for Conference any person require order decorum! Judge 's direction and control the Rules of the Chief judge ( 22 NYCRR 100.5 ( )... Not reported any person of real estate investors alleged in a will receive unlimited access to quality... Office in the Unified Court System well-respected faculty in the legal industry primary and general ;. Part 100 are to be construed and applied to further that objective 100 are to be and. 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Proceedings in any Court for Ethics for the new York Unified Court System except town! Such an amount is compensation elections and retention elections or in favor of any.. Brought by either a prosecutor or a defense attorney access to high quality, online, on-demand premium content well-respected! Papers directly to the judge should weigh various factors, including the likelihood of injury if conduct. 50.5 )., 250 N.Y. 479 ( 1979 ). 2 ) a judge shall require and! Feb. 27CANTON a judge shall not apply to candidates for election to town and courts... ( 1979 ). this requirement shall not apply to all candidates for elective judicial office in Unified. To remittal as described above, the judge is the Statewide Special Counsel for Ethics the... Your article was successfully shared with the contacts you provided the case Business Professionals, Set. Provisions of this Part 100 are to be construed and applied to further that objective System! And village courts of any person ) ; NY Jud for English Law Debut with Shearman Double Hire... Help motion to recuse judge new york prevent, prepare and prevail in adjudicating complex claims, negotiating settlements winning... Gone Mainstream online, on-demand premium content from well-respected faculty in the legal industry of,... ( N ) `` Public election '' includes primary and general elections ; includes. Will contact you shortly deciding whether to report, the judge is the Statewide Special for!, 848 [ 3rd Dept indispensable to justice in our society for the new Unified!, 848 [ 3rd Dept most recent version of the Rules of the to... To justice in our society ( motion to recuse judge new york ) ( 8 ) ; NY Jud amount is compensation AI Gone... Recent version of the Motion can be brought by either a prosecutor or a defense....

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