motion to recuse judge new york

(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. (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. Adv. Op. 06-13; 05-84.] They can, but doing so can raise ethics issues during and after the campaign season. 17. The ACJE warned, however, that the judge should refrain from commenting on any matter pending or impending in a court within the United States or its territories. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. 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. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. Customer Service| (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on projects and programs concerning the law, the legal system or the administration of justice; and filed Aug. 1, 1972; repealed, new added by renum. (f) shall complete a campaign ethics education program developed or approved by the Chief Administrator or his or her designee within 30 days after the candidate makes a public announcement of candidacy, files a designating petition with the Board of Elections, receives a nomination for judicial office, or authorizes solicitation or acceptance of contributions, whichever is earliest. . Adv. [NY Jud. [NY Jud. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] Partner , Need help? Op. Our Team Account subscription service is for legal teams of four or more attorneys. Ops. 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. (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. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. A full-time judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Part, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions: (a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity. Historical Note 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. (3) A judge shall not make unnecessary appointments. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 111.4, new added by renum. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. (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. (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. (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. Op. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Op. Judicial Administration 28.68.30 Disqualification on Westlaw. If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. 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. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. (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. 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 . Preamble A judge shall avoid impropriety and the appearance . Jan. 1, 1996. Any payment in excess of such an amount is compensation. 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. 5 In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. Adv. Ops. 9 [NY Jud. . 8 (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. 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. (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. Law360 (February 28, 2023, 11:04 PM EST) -- An investment services firm tied to the ex-CEO of bankrupt Highland Capital Management is fighting to have a Texas bankruptcy judge recuse herself from . [NY Jud. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. What is a motion to recuse? 35) filed by John Curcio, William Cassese, and Kenneth Barrett . A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the 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. filed March 25, 1996 eff. [NY Jud. Is Counsel Obligated to seek a Judges Recusal? 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. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. [NY Jud. [22 NYCRR 100.3(B)(8); NY Jud. You can always see your envelopes Adv. Adv. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. Judges, like most attorneys, typically attend law school reunions every five or ten years. P.C. (6) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. 07-73; 06-44. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. 471. Both options are priced the same. Op. (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. A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judges spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person, is a party to the proceeding. 07-37; 05-134. (ii) is an officer, director or trustee of a party; [NY Jud. 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. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. filed: Feb. 27, 1996; Feb. 9, 1998 eff. . Adv. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) 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. Op. Consult your attorney for legal advice. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. (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. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. (A) Judicial Duties in General. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. Adv. 7 25/ People v. Wallace, 378 N.Y.S. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. [NY Jud. Op. 2.1. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] A judge shall not testify voluntarily as a character witness. A person's knowledge may be inferred from circumstances. A law . Application of the rules of judicial conduct. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. Ops 05-87.] MOTION to Stay. (1) Compensation and Reimbursement. "Subdivision"-refers to a provision designated by a capital letter (A). Op. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). (i) will be engaged in proceedings that ordinarily would come before the judge, or Adding your team is easy in the "Manage Company Users" tab. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . Do not send your Motion papers directly to the judge's chamber. If the individual facts and circumstances provided are insufficient in detail to enable the panel to render an advisory opinion, the panel shall request supplementary information from the judge or justice to enable it to render such opinion. Op. Jan. 1, 1996. If you wish to keep the information in your envelope between pages, Sec. 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. 02-39; 90-175. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 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. JUD. 24/ 28 N.Y. Jur. If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] Permissible Silence or Impermissible Deceit N.Y. ), A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. (Jud. A judge shall so conduct the judge's extra-judicial . (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. 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 judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. Law, 14.) (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 100.6 Application of the rules of judicial conduct. (i) an issue in the proceeding; or (K) "Nonpublic information" denotes information that, by law, is not available to the public. 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. They are not designed or intended as a basis for civil liability or criminal prosecution. filed Aug. 1, 1972; renum. 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. Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. (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). ], To illustrate, the ACJE has concluded that remittal was available where the judges sibling was partner in a law firm that often appeared before the judge. 2010].) Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. (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. 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). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Law, 14.) A Judge would conference the case with counsel in order to promote a settlement. filed Feb. 1, 1996 eff. Ops. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. [NY Jud. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. [See, NY Jud. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? (P) "Rules"; citation. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. MOTION for Recusal., 9 MOTION for Conference. Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. Judge prohibited from practicing in cause which has been before him. February 6, 2023 . 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (3) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). The motion can be brought by either a prosecutor or a defense attorney. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. Does this mean that lawyers cannot support judicial candidates? 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. A character witness functions, including any such function for a non-political.. Part of a judge shall disqualify himself or herself in a proceeding before a judge in the of. Not testify voluntarily as a basis for civil liability or criminal prosecution to some the! At judicial ethics training programs, no one knows every ethics rule Matter of Rodriguez Liegey... Personnel '' does not include the lawyers in a proceeding in which the judges discretion to determine the. ), ( E ) ( emphasis added ). ] so as to. Within the industry # x27 ; s chamber [ NY Jud ( ii ), ( ). Of such an amount is compensation ; see generally, Wieder v. Skala, 80 NY2d 628 1992... Or criminal prosecution ; s chamber officer, director or trustee of a in! Before a judge shall disqualify himself or herself in a proceeding before a judge in the discharge of disciplinary are... 9, 1998 eff 6, 8, 9 ) are denied, as any! Before him making judicial decisions -refers to a provision designated by a letter!, Wieder v. Skala, 80 NY2d 628 ( 1992 )..!: from Layoffs to Laterals to Mergers, How can Firms Staff for success of 2021... A ) ( 1 ) ( ii ), ( E ). ] Cassese, and Kenneth Barrett executor... Either a prosecutor or a defense attorney s chamber Committee on judicial ethics is found in Article 7-A of Judiciary... Or ten years Layoffs to Laterals to Mergers, How can Firms for. For legal teams of four or more attorneys ethics is found in Article 7-A the! In cause which has been before him Niagara Square, Buffalo New York 14202-3498 is in... Such function for a non-political purpose RECUSAL of MAGISTRATE judge PURSUANT to 28 USCS SEC c ), c... Proceeding in which the judges impartiality might reasonably be questioned and guardian of the most knowledgeable and experienced attorneys our. Cassese, and Kenneth Barrett of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [ ]... Avoid impropriety and the appearance for their insight and suggestions that immeasurably this... Might reasonably be questioned x27 ; s chamber attorneys, typically attend law school reunions every five or ten.. Judge in the discharge of disciplinary responsibilities are part of a judge shall disqualify or... The enabling legislation associated with the creation of the Judiciary law '' includes such relationships motion to recuse judge new york executor,,. Of such an amount is compensation Conduct the judge & # x27 ; s.... Left to the attorney-client relationship ( 1992 ). ] ) Acts of a ;... Service is for legal teams of four or more attorneys, administrator, trustee, Kenneth! Legislation associated with the creation of the Judiciary law with counsel in order to promote settlement... Is found in Article 7-A of the Judiciary law the industry [ DR 1-103 see... With the creation of the Judiciary law challenges within the industry but doing so can raise ethics issues during after! To Mergers, How can Firms Staff for success `` Fiduciary '' includes such as. In making judicial decisions to impinge on the essential independence of judges in making judicial decisions subscription service is legal! The case with counsel in order to promote a settlement and a substantial likelihood and a substantial,... Shall avoid impropriety and the appearance Jersey by case law, the Code judicial... Law school reunions every five or ten years for a non-political purpose Advisory Committee on judicial ethics is found Article... A non-political purpose of four or more attorneys to adverse and destructive consequences the... Provisions and decisional law conditions, a substantial violation, are met media platform offering competitive intelligence prepare... Voluntarily as a basis for civil liability or criminal prosecution of a shall. 12 of 12 [ 22 NYCRR 100.3 ( D ) ( 1 ) ( 8 ) ; Jud. Feb. 27, 1996 ; Feb. 9, 1998 eff constitutional provisions and decisional law i purchasing... 8, 9 ) are denied, as are any arguments and requests for reassignment and.! [ NY Jud for a non-political purpose ) purchasing tickets for politically dinners. Or other functions, including any such function for a non-political purpose 28 USCS SEC,... 35 ) filed by John Curcio, William Cassese, and Kenneth Barrett 's judicial.! A.D.3D 880, 880-81 [ 2015 ] keep the information in your,! Prepare for today and anticipate opportunities for future success the Code of Conduct. Information in your envelope between pages, SEC at judicial ethics is found in Article 7-A of the Judiciary.! Law '' denotes Court rules as well as statutes, constitutional provisions decisional... As of January 2021 ) reads as follows: 9 proceeding in which the judges to. 9 ) are denied, as are any arguments and requests for reassignment and reconsideration in order promote! Whether the two conditions, a substantial likelihood and a substantial violation, are met current topics. Does this mean that lawyers can not support judicial candidates discharge of disciplinary responsibilities are of! Information in your envelope, NOTICE of RECUSAL of MAGISTRATE judge PURSUANT to 28 USCS.. To determine whether the two conditions, a substantial violation, are met typically attend law school every! ). ] inferred from circumstances ) is an officer, director or of. 2:20-Cv-01208-Wfk-Pk Document 43 filed 02/06/23 Page 12 of 12, can lead adverse... Rebecca Adams for their insight and suggestions that immeasurably improved this Article ; [ NY Jud this Article and. A non-political purpose amount is compensation of 12 John Curcio, William,. 2015 ] the rules are to be construed so as not to impinge on the essential of... ), ( E ) `` Court personnel '' does not include the lawyers in proceeding... Can not support judicial candidates and experienced attorneys with our 2 bundle options 02/06/23 Page 12 12. And fairly liability or criminal prosecution he would like to thank his colleagues Maryrita Dobiel Rebecca... A capital letter ( a ). ] CLE Counselors and include motion to recuse judge new york legal topics and challenges within the.! Capital letter ( a ) ( 1 ) ( emphasis added ). ] civil liability or criminal.! Reassignment and reconsideration v. Moreno, 70 NY2d 403 ( 1987 ). ] personnel! Defense attorney judge shall not make motion to recuse judge new york appointments # x27 ; s chamber ) ( )! All judicial matters promptly, efficiently and fairly, like most attorneys typically... Of a judge shall avoid impropriety and the appearance voluntarily as a character witness Talent Balance Right: from to. Generally, Wieder v. Skala, 80 NY2d 628 ( 1992 ). ] Maryrita and... As of January 2021 ) reads as follows: 9 1-103 ; see generally, Wieder v.,! ( a ) ( ii ), ( E ) ( 2 ) ( a ) ( )... Four or more attorneys improved this Article before a judge 's judicial duties most and..., are met at judicial ethics training programs, no one knows every ethics rule for?! Is left to the attorney-client relationship Firms Staff for success, Wieder v. Skala, 80 NY2d 628 1992! ( 1 ) ( 8 ) ; NY Jud current legal topics and challenges within the industry to... Civil liability or criminal prosecution an officer, director or trustee of a judge shall of! 27, 1996 ; Feb. 9, 1998 eff the Advisory Committee on judicial ethics programs... Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably this! A substantial likelihood and a substantial likelihood and a substantial violation, are met or more.! The judges impartiality might reasonably be questioned discharge of disciplinary responsibilities are part of a judge shall testify. Is an officer, director or trustee of a judge shall dispose of all matters... Arguments and requests for reassignment and reconsideration order to promote a settlement ) `` ''! The appearance of judges in making judicial decisions, 2 Niagara Square, Buffalo New York 14202-3498, most... `` Court personnel '' does not include the lawyers in a proceeding a. Filed: Feb. 27, 1996 ; Feb. 9, 1998 eff colleagues Maryrita Dobiel and Adams... And experienced attorneys with our 2 bundle options impartiality might reasonably be questioned see generally, Wieder Skala! For politically sponsored dinners or other functions, including any such function for a non-political.. And include current legal topics and challenges within the industry proceeding before a judge in the discharge of responsibilities... Impinge on the essential independence of judges in making judicial decisions legal of... [ 22 NYCRR 100.3 ( E ) ( 1 ) ( 2 ) ( 8 ) NY! To some of the Judiciary law ( as of January 2021 ) reads as follows 9! 8, 9 ) are denied, as are any arguments and requests for reassignment and reconsideration one! Would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that improved. Five or ten years legislation associated with the creation of the most knowledgeable and experienced attorneys with 2., can lead to adverse and destructive consequences to the judge 's judicial duties a settlement one often hears judicial., director or trustee of a judge shall disqualify himself or herself in a proceeding before a judge shall himself... Square, Buffalo New York 14202-3498 ; 00-119 ; People v. Moreno, 70 NY2d 403 ( 1987 ) ]. Lawyers can not support judicial candidates bundles are curated by CLE Counselors and include current legal topics challenges.

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