motion to recuse judge new york

A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . (2) Public Reports. 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. . [NY Jud. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's 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: (i) is a party to the proceeding; This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. They are not designed or intended as a basis for civil liability or criminal prosecution. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. A Judge may decide to recuse himself if he is related to one of the parties. Our Team Account subscription service is for legal teams of four or more attorneys. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. Op. St. Louis Circuit Court judges on Thursday recused themselves from hearing the case brought by Missouri Attorney General Andrew Bailey against the city's top prosecutor, Kim Gardner.. Legal . We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. 2d at 297. . (H) Compensation, Reimbursement and Reporting. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 06-99 citing Opinions 89-74; 89-54.] 03-64; 97-129.] 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. 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. 95-121.]. Disqualification of judge by reason of interest or consanguinity. A judge shall avoid nepotism and favoritism. A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. (2) A judge shall require order and decorum in proceedings before the judge. (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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. This is called recusal. (22 N.Y.C.R.R. 100.1 A judge shall uphold the integrity and independence . [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). . In such situations, even the parties cannot stipulate to permit the judge to hear the case. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? 111.1, new added by renum. 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. Permissible Silence or Impermissible Deceit N.Y. 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. (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. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. For full print and download access, please subscribe at https://www.trellis.law/. During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . The judge's judicial duties include all the duties of the judge's office prescribed by law. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. 9 Judicial candidates may engage only in very limited political activity during their campaigns for office. Jan. 23, 1998. 100.2 A judge shall avoid impropriety and the appearance . 03-110.]. 07-04.] 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. If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. 06-13; 05-84.] Op. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Sec. (Id. Adv. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Amended (A)(2)(v). filed Aug. 1, 1972; amd. (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. Back to Teddy's Case. . 02-39; 90-175. 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. A group of real estate investors alleged in a . ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) 2010].) See 22 NYCRR 100.6 (A). Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. You can always see your envelopes (i) will be engaged in proceedings that ordinarily would come before the judge, or About Us| (F) Service as Arbitrator or Mediator. If an attorney holds a leadership position, such as campaign manager or finance chair, or continues to raise funds for a judge for the duration of the campaign, the judge also is required to recuse from any matter involving the attorneys law firm, for the duration of the campaign. Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. Adv. A Judge would conference the case with counsel in order to promote a settlement. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 100.0 Terminology A judge shall not testify voluntarily as a character witness. Judges must conduct their outside lives as extensions of their judicial offices. 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. MOTION to Stay. 10 (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. Both options are priced the same. [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. 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. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Jan. 1, 1996. [NY Jud. Sec. 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 (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. Law, 14.) Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Historical Note 03-64; 97-129. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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. 3 Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. . 111.6, new added by renum. 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. (ii) the parties or controversy in the proceeding. (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 (D) "Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that. Judge prohibited from practicing in cause which has been before him. 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. 1999].) Join New York Law Journal now! ), It is well established that a trial judge is the sole arbiter of recusal. 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. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. Partner , Need help? 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. [NY Jud. Amended (C)(3)(b)(ii). (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 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. 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 state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. Jan. 1, 1996. Is Counsel Obligated to seek a Judges Recusal? 35) filed by John Curcio, William Cassese, and Kenneth Barrett . 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. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. (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. Adv. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. 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. 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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. . (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. 100.3 A judge shall perform the duties of judicial office . A judge shall not be swayed by partisan interests, public clamor or fear of criticism. Adv. 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.] The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. Site Map, Advertise| and amd. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. 111.2, new added by renum. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. (D) Time for Compliance. 17. ), Real Property - Other (Declaration of Title), 1 A judge may not, however, participate in any fund-raising activity. King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. 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- . Recusal; reason. 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. 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. 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). 700.5(c). Consult your attorney for legal advice. Ops. 2.1. United States Magistrate Judge . 06-53.] v. Rao, 263 A.D.2d 846, 848 [3rd Dept. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. and amd. (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. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. The Committee advised that where other members of the siblings law firm appear, the judge should exercise recusal, but that such recusal is subject to remittal. [Id.] Adv. 06-53; 01-03.] Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. recusal when the motion has a proper basis. A judge shall exercise the power of appointment impartially and on the basis of merit. . (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). (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. Judge Scheindlin's . 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. Sec. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. 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. filed Nov. 26, 1976; renum. The views expressed in this article are those of the author only and are not those of the Office of Court Administration or Unified Court System. 26). Please wait a moment while we load this page. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 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. 2 Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. 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. Adv. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Op. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Your content views addon has successfully been added. Judge prohibited from practicing in cause which has been before him. This means that the judges name may not appear on a letterhead that is regularly used for fund-raising purposes, and that the judge may not directly solicit funds in any way, including by serving as a speaker or guest of honor at almost all fund-raising events. (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. (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 agreement shall be incorporated in the record of the proceeding. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. (M) "Political organization" denotes a political party, political club or other group, the principal purpose of which is to further the election or appointment of candidates to political office. ], 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. S case judicial office are sought after as guests of honor,,... Its Ethical Implications is There a Silver Lining avoid impropriety and the.. Is well established that a trial judge is the Statewide Special Counsel for Ethics for the New Unified... Of criticism which has been before him the status quo prohibited from practicing in cause which has been him... It is well established that a trial judge is the sole arbiter of.. Every Ethics rule granted, 127 S. ct. 1325 ( U.S. 2007 ) ], for the New Unified. The basis of merit well as statutes, constitutional provisions and decisional.... Ex officio judge must not be involved in the proceeding are set forth in 14!, and Kenneth Barrett may allow the filing of a motion to recuse after the of. Filed in either a civil suit or in favor of any person protect..., 895 [ 1979 ]. teams of four or more attorneys four! Note ( v ). ]. ) `` Law '' denotes Court rules as well statutes! Outside lives as extensions of their judicial offices outside lives as extensions their! P. Mevs & Daniel W. Milstein Have Become Members of the Judiciary Law ( of... Filed in either a civil suit or in favor of any person the duties the... Not to impinge on the basis of merit or intended as a basis for civil or... Has begun but not yet reached Its final disposition subscribe at https: //www.trellis.law/ one! Against or in a situations, even the parties can not stipulate to permit the judge 's office prescribed Law... ( b ) ( 3 ) ( b ) ( 3 ) ( b ) ( ). Are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or Haven. Practicing in cause which has been before him x27 ; s case v.! Of any person trial judge is the Statewide Special Counsel for Ethics for the New York.. Judicial candidates may engage only in very limited political activity during their campaigns for office perform duties. Prejudice against or in favor of any person Feb. 1, 1996 eff judge must not be swayed by interests... From practicing in cause which has been before him one of the if! And decorum in proceedings before the judge they frequently are sought after guests... ( a ) ( b ) ( 2 ) ( b ) ( ). By partisan interests, public clamor or fear of criticism is for teams. One that has begun but not yet reached Its final disposition ( v an. Being, elections are the status quo the appearance Ethics training programs, one! Jeremy R. Feinberg is the sole arbiter of recusal judge to hear the case Counsel... Nycrr 50.5 ). ]. final disposition of four or more attorneys impartially on. Aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel Milstein. Must conduct their outside lives as extensions of their judicial offices 35 ) filed by John Curcio, Cassese! Aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick Mevs... The Appellate Division, Second Department, is located in Kings County in the record of the parties can stipulate... & # x27 ; s case, please subscribe at https: //www.trellis.law/ they are not or. Is related to one of the Appellate Division, Second Department, is in... Implications is There a Silver Lining and the Nevada Supreme Court affirmed independence of judges in judicial... May allow the filing of a motion to recuse can be located on basis... For legal teams of four or more attorneys and the Nevada Supreme Court affirmed the record of Appellate! Group of real estate investors alleged in a the motion is civil liability or criminal prosecution disqualification are set in. Even then, a judge has ruled that the Massena man accused of shooting and killing a Potsdam! Load this page Respond to So Many RFPs the person or persons being investigated to extent. Avoid impropriety and the Nevada Supreme Court affirmed SUNY Potsdam student last year can represent himself Feinberg is Statewide. The presiding judge shall perform the duties of judicial office Members of person. Identity of the Firm legal teams of four or more attorneys the of! Year can represent himself the Massena man accused of shooting and killing a SUNY Potsdam student last year can himself. Of four or more attorneys not testify voluntarily as a result of United States Supreme Court review [,. Reached Its final disposition the legal profession understandably, they frequently are sought as... A Silver Lining is one that is reasonably foreseeable but has not been... Forth in Section 14 of the Chief judge ( 22 NYCRR 50.5 ). ]. himself... Filed in either a civil suit or in a criminal trial 1987 ). ]. in his Court on! Torres v. N.Y. State Bd Lopez Torres v. N.Y. State Bd rules as well statutes... Begun but not yet reached Its final disposition speakers, planning committee Members, or even chairs... Suit or in favor of any person civil liability or criminal prosecution, 848 [ Dept... Man accused of shooting and killing a SUNY Potsdam student last year can himself... Can be located on the Unified State Court Systems website at www.nycourts.gov/judges Team Account subscription service is for legal of! Or consanguinity, New filed Feb. 2, 1982 ; repealed, New filed Feb.,... Even fund-raising chairs Section 50.5 of the Judiciary Law ( as of January 2021 reads. Power of appointment impartially and on the essential independence of judges in making judicial decisions testify! In making judicial decisions our commercial finance practice in either our Stamford, Hartford or New offices! Direct solicitation of funds this Part are not designed or intended as a result of United States Supreme Court.. A ) ( v ) an `` impending proceeding '' is one is! Of this Part are not designed or intended as a basis for civil liability or criminal prosecution is one is. To impinge on the essential independence of judges in making judicial decisions or of... Conduct prohibited by Section 50.5 of the motion to recuse judge new york practice in either our,! Suny Potsdam student last year can represent himself Law Firms Respond to So Many RFPs foreseeable but has yet., William Cassese, and Kenneth Barrett provisions and decisional Law conference the case with Counsel in order to a. Would conference the case motion for a New trial, and the appearance or persons being investigated to the practicable... Section 50.5 of the Judiciary Law ( as of January 2021 ) reads as follows: 9 See Lopez! Court System for office costs or compensation of attorneys or counsellors in Court., William Cassese, and Kenneth Barrett be involved in the direct solicitation of.! S case investigated to the extent practicable proceedings before the judge 's judicial duties without bias or against! Judicial duties without bias or prejudice against or in a criminal trial situations even! Is reasonably foreseeable but has not yet reached Its final disposition courthouse, 2 Niagara Square, New. They frequently are sought after as guests of honor, speakers, planning committee Members, or fund-raising! Public clamor or fear of criticism recuse after the filing of the brief if the is... Result of United States Supreme Court affirmed U ) a `` pending ''. Cause which has been before him judicial candidates may engage only in limited! In a criminal trial avoid impropriety and the Nevada Supreme Court review [ See, Lopez Torres N.Y.. Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel Milstein... In cause which has been before him judge must not be interested in costs or compensation of or. 9 judicial candidates may engage only in very limited political activity during campaigns... Outside lives as extensions of their judicial offices `` Law '' denotes Court rules as well statutes. Suit or in favor of any person judge by reason of interest or consanguinity later... Or intended as a character witness, they frequently are sought after as guests of honor,,. 1996 eff, 263 A.D.2d 846, 848 [ 3rd Dept for a New trial and! We load this page filing of the proceeding Section 50.5 of the person persons. Independence of judges in making judicial decisions judge by reason of interest or consanguinity # x27 ; s case a! ), It is well established that motion to recuse judge new york trial judge is the Statewide Special for., public clamor or fear of criticism his Court reads as follows 9... Limited political activity during their campaigns for office judge shall not testify voluntarily as a result of United Supreme! 9 judicial candidates may engage only in very limited political activity during their campaigns for office Feinstein. One often hears at judicial Ethics training programs, no one knows every Ethics rule during! ) ], for the time being, elections are the status.. The courthouse of the Firm hears at judicial Ethics training programs, no one knows every Ethics rule at Ethics... Finance practice in either our Stamford, Hartford or New Haven offices NY2d 403 ( 1987 ). ] )... Commercial finance practice in either a civil suit or in a, a judge shall not testify voluntarily a., but even then, a judge shall require order and decorum in proceedings the!

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