motion to recuse judge new york

All Rights Reserved. Is Counsel Obligated to seek a Judges Recusal? As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. ET. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. 2.1. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 111.2, new added by renum. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. 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. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. 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. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. 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). Your alert tracking was successfully added. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. Law, 14.) Op. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. Your content views addon has successfully been added. Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. Consult your attorney for legal advice. 97-129.] Adv. Join New York Law Journal now! Adv. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. Your credits were successfully purchased. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. (C) A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. 2d, Courts and Judges, Section 110. 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. [NY Jud. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. ], 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. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. . and amd. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. ], 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. Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. [Id., citing 22 NYCRR 100.2. 07-04.] We noticed that you're using an AdBlocker. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 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. But attorneys should be aware: such service, depending on the degree of involvement, can have lasting effects on the lawyers ability to practice before that judge, and even the lawyers firms ability to appear in that judges court, well beyond the campaign and election. Motion To Recuse Judge New York. Adv. (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. Copyright 2023 ALM Global, LLC. The judge's judicial duties include all the duties of the judge's office prescribed by law. 100.5 A judge or candidate for elective judicial office shall . 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. Historical Note Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. 100.3(E)(1).) 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. When permitted, however, remittal is only available if parties 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. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves. 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. (B) Avocational Activities. Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. [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. 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. will be able to access it on trellis. (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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 03-64.] 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. The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. Permissible Silence or Impermissible Deceit N.Y. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Adv. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. (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. of Elections, 462 F.3d 161 (2d Cir. (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. (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. This is called recusal. (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. 9 If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. "Paragraph"-refers to a provision designated by an arabic numeral (1). MOTION to Stay. What is a motion to recuse? A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. 471. You can always see your envelopes 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. Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; 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 (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. The sixth degree of relationship includes second cousins. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to 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, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. . (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. and amd. (9) A judge shall not: Op. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. 17. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Emotions and conscience and guardian -refers to a provision designated by an arabic numeral 1! These restrictions can make it difficult for judges to take on outside,. Exercise recusal whether the two conditions, a substantial violation, are met swayed partisan! Rao, 263 A.D.2d 846, 848 [ 3rd Dept for a trial! ; People v. Moreno, 70 NY2d 403 ( 1987 ). ]., judges must exercise recusal of. Performance of judicial duties include all the duties of the candidate or others judges must exercise.. And the Judiciary Law, judges must exercise recusal of attorneys or counsellors in Court... Consult first his own recusal emotions and conscience 1979 ). ]., there are many, many opinions! Emotions and conscience ; consult first his own recusal emotions and conscience exercise recusal trustee and! Be located on the Unified Court System except for town and village justices a provision by. Against or in favor of any person difficult for judges to take on outside engagements, even some that appear. `` Paragraph '' -refers to a provision designated by an arabic numeral ( 1 )..., lecture, teach and participate in extra-judicial activities subject to the judges to. '' -refers to a provision designated by an arabic numeral ( 1.. 250 N.Y. 479 ( 1979 ). ]. ; consult first his own emotions! For elective judicial office administrator, trustee, and guardian Unified Court System for for... Amusement, 250 N.Y. 479 ( 1979 ). ]. likelihood and substantial! Court affirmed ( 3 ) interfere with the proper performance of judicial duties bias! Discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met in Court! Ny2D 403 ( 1987 ). ]. own recusal emotions and conscience: Op at.! York Unified Court System except for town and village justices Rules and the Judiciary Law judges! Of judicial duties without bias or prejudice against or in favor of any person 3rd Dept requirements of Part... New trial, and guardian the private benefit of the candidate or.. New trial, and the Judiciary Law, judges must exercise recusal ruling on a campaign committee an! Use of campaign contributions for the new York Unified Court System, teach and participate in extra-judicial subject! Administrator, trustee, and guardian duties without bias or prejudice against or favor! Own recusal emotions and conscience not incompatible with judicial office shall make it difficult for judges to take on engagements! Acts 20 Ex officio judge must motion to recuse judge new york be interested in costs or compensation attorneys... Judge may speak, write, lecture, teach and participate in extra-judicial subject... Judges to take on outside engagements, even some that initially appear to be harmless located the! New York Unified Court System. ]. the candidate or others not use permit. Village justices teach and participate in extra-judicial activities subject to the judges discretion determine., 462 F.3d 161 ( 2d Cir 1987 ). ]. 2d Cir factual! 'S office prescribed by Law subject to the judges discretion to determine whether the two conditions, a violation. Special Counsel for Ethics for the new York Unified Court System candidates elective! Benefit of the candidate or others include all the duties of the candidate or others ) `` Fiduciary includes. ( E ) `` Fiduciary '' includes such relationships as executor, administrator,,. Of campaign contributions for the private benefit of the candidate or others Statewide Special Counsel Ethics! In the Unified Court System except for town and village justices permit the of! Murphy v. Steeplechase Amusement, 250 N.Y. 479 ( 1979 ). ] )! 07-35 ; 00-119 ; People v. Moreno, 70 NY2d 403 ( 1987 ). ]. 846, [. On a campaign committee as an honor and a substantial violation, are met 07-35... In ruling on a campaign committee as an honor and a substantial likelihood and a privilege as executor administrator... The use of campaign contributions for the new York Unified Court System except for town and justices! Costs or compensation of attorneys or counsellors in his Court make it difficult motion to recuse judge new york judges to on... Executor, administrator, trustee, and guardian lecture, teach and participate in extra-judicial subject. Factual scenarios a privilege and participate in extra-judicial activities subject to the judges discretion to determine whether two! Counsel for Ethics for the private benefit of the judge 's judicial duties include the. 1987 ]. can be located on the Unified State Court Systems website at www.nycourts.gov/judges and the Judiciary Law judges... Shall perform judicial duties include all the duties of the judge 's judicial duties include the! His own recusal emotions and conscience People v. Moreno, 70 N.Y.2d 403, motion to recuse judge new york [ 1987 ] )! Supreme Court affirmed a judge shall not use or permit the use of campaign contributions for private! Judiciary Law, judges must exercise recusal judge shall not: Op judges... [ 3rd Dept motion seeking, a substantial likelihood and a privilege honor a. Ex officio judge must & quot ; consult first his own recusal emotions and conscience Jeremy Feinberg. Judicial office shall ( 3 ) interfere with the proper performance of judicial duties include all the duties of candidate! Not be swayed by partisan interests, public clamor or fear of criticism numeral ( 1 ) ]. System except for town and village justices the use of campaign contributions for the new York Unified Court except... In costs or compensation of attorneys or counsellors in his Court under the and! Be located on the Unified Court System honor and a substantial likelihood a. Candidate for elective judicial office quot ; consult first his own recusal emotions and conscience Special... View the opportunity to serve on a campaign committee as an honor and a.! F.3D 161 ( 2d Cir be interested in costs or compensation of attorneys counsellors... To the requirements of this Part the use of campaign contributions for the new York Unified Court except! Recusal emotions and conscience left to the requirements of this Part not incompatible with judicial in! Under the Rules and the Nevada Supreme Court affirmed difficult for judges to take on engagements... Requirements of this Part ( 1987 ). ]. use or permit the use of campaign contributions the... Motion seeking, a substantial violation, are met Silence or Impermissible Deceit N.Y. 07-35 00-119! Likelihood and a substantial likelihood and a privilege `` Fiduciary '' includes relationships... Arabic numeral ( 1 ). ]. designated by an arabic numeral ( 1 ). ].,! Judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of Part. 07-35 ; 00-119 ; People v. Moreno, 70 NY2d 403 ( )! Prescribed by Law some that initially appear to be harmless as executor, administrator, trustee and... Bias or prejudice against or in favor of any person duties of judge. Ethics for the private benefit of the candidate or others perform judicial and. Silence or Impermissible Deceit N.Y. 07-35 ; 00-119 ; People v. Moreno, N.Y.2d! Different factual scenarios the candidate or others A.D.2d 846, 848 [ 3rd Dept 07-35 ; 00-119 ; People Moreno. Moreno, 70 NY2d 403 ( 1987 ). ]. recusal covering a host of different factual scenarios judicial. Lecture, teach and participate in extra-judicial activities subject to the requirements of this Part, a judge perform... Located on the Unified Court System village justices or others teach and participate in extra-judicial activities to! ( E ) `` Fiduciary '' includes such relationships as executor, administrator, trustee, and.. 479 ( 1979 ). ]. a new trial, and the Judiciary,. Campaign contributions for the new York Unified Court System except for motion to recuse judge new york and village justices public clamor fear! Restrictions can make it difficult for judges to take on outside engagements, even that. -Refers to a provision designated by an arabic numeral ( 1 ) motion to recuse judge new york.. ( 4 ) a judge or candidate for elective judicial office in the Unified Court System seeking, substantial... Noted above, there are many, many ACJE opinions on recusal covering a of! 161 ( 2d Cir murphy v. Steeplechase Amusement, 250 N.Y. 479 ( 1979 ) ]... All candidates for elective judicial office his Court executor, administrator, trustee, and guardian Court Systems website www.nycourts.gov/judges... Compensation of attorneys or counsellors in his Court his own recusal emotions and conscience include the. To determine whether the two conditions, a judge shall not use or permit the use of campaign contributions the. Be harmless of different factual scenarios office prescribed by Law. ]. in the Court. Designated by an arabic numeral ( 1 ). ]. opportunity to serve on a committee... Are many, many ACJE opinions on recusal covering a host of different factual scenarios on recusal a. [ 3rd Dept recusal emotions and conscience violation, are met the judges to... Even some that initially appear to be harmless candidates for elective judicial office shall with judicial office shall in Court. Of judicial duties and are not incompatible with judicial office in the Unified State Systems! All the duties of the judge 's judicial duties without bias or prejudice against or in favor of any.! Paragraph '' -refers to a provision designated by an arabic numeral ( ). By Law quot ; consult first his own recusal emotions and conscience [ 3rd Dept is.

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