Adv. 14. You can always see your envelopes Law Offices of Gary Martin Hays & Associates Plaintiff' s motions for recusal (ECF Nos. Historical Note 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. Ops. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. 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).] (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) [See, NY Jud. The "internal test" requires These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. Ops. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? (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. Op. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. On October 25, 2002, Mr. Williams filed thirteen additional motions: (1) Motion For Court to Give Notice As To How It Will Comply With Court of Criminal Appeals's Order Dated 9/25/02; (2) Motion to Disqualify District Attorney; (3) Motion for Hearing on Motion to Judges must conduct their outside lives as extensions of their judicial offices. Judicial candidates are not limited to awaiting volunteers for their campaign. The agreement shall be incorporated in the record of the proceeding. Our Team Account subscription service is for legal teams of four or more attorneys. 97-129, quoting NY Jud. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. Terms of Service. . Op. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. (i) will be engaged in proceedings that ordinarily would come before the judge, or 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. Such committees may solicit and accept such contributions and support only during the Window Period. 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. 95-121.]. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. (3) A judge shall not make unnecessary appointments. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. 2d, Courts and Judges, Section 110. A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions. . She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . (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. 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. (E) Relationship to Code of Judicial Conduct. [NY Jud. 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. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. . 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 . This requirement shall not apply to candidates for election to town and village courts. (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. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. Ops. [22 NYCRR 100.3(B)(8); NY Jud. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. 1999].) (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. (b) A judge shall not accept appointment or employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law. ], 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. (b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. Ops. filed Aug. 1, 1972; amd. (C) Governmental, Civic, or Charitable Activities. [NY Jud. (F) Remittal of Disqualification. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Historical Note I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. . (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. . Adv. Jan. 23, 1998. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. (C) The "degree of relationship" is calculated according to the civil law system. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) 11 [NY Jud. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 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. 95-58; 88-157. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. 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. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. Judges, like most attorneys, typically attend law school reunions every five or ten years. Contact Us| (S) An "independent" judiciary is one free of outside influences or control. . The Justices of the Supreme Court are elected to 14-year . will be able to access it on trellis. In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. . 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. Op. 90-182. 1983]. 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. (A) Extra-Judicial Activities in General. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. ), Disqualifying a judge on this ground requires demonstrable proof of bias or prejudgment. (Matter of Alyssa A., 79 A.D.3d 740, 742 [2nd Dept. What is a motion to recuse? In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. 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. The judge's judicial duties include all the duties of the judge's office prescribed by law. A judge shall not testify voluntarily as a character witness. This is called recusal. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. I have been involved in four motions to recuse. See 22 NYCRR 100.6 (A). Site Map, Advertise| A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . [NY Jud. ], 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. Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. 07-73; 06-44. ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. AntiSec hacker sentenced after judge refuses to recuse (2013) . Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. 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. [NY Jud. Your content views addon has successfully been added. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. A full-time judge shall not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Amended (A)(2)(v). . Adv. (c) No full-time judge shall solicit or receive compensation for extra-judicial activities performed for or on behalf of: (1) New York State, its political subdivisions or any office or agency thereof; (2) a school, college or university that is financially supported primarily by New York State or any of its political subdivisions, or any officially recognized body of students thereof, except that a judge may receive the ordinary compensation for a lecture or for teaching a regular course of study at any college or university if the teaching does not conflict with the proper performance of judicial duties; or (3) any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 2d at 297. 2 . Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. Lawyers may wish to state publicly that they support a particular judicial candidate. Historical Note [22 NYCRR 100.4(C)(3)(b)(ii).] 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. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. Adv. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. Except for the rare campaign that is entirely self-financed, judicial candidates must use a campaign committee to raise the money necessary to conduct a campaign for office while insulating themselves from the solicitation of these funds to the greatest extent possible. 97-129.]. 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. If you mail your papers Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. (iv) Actions of any judge or justice of the uniform court system taken in accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any subsequent investigation by the state commission on judicial conduct. The Brooklyn Heights Historic District a later judge denied a motion to Disqualify judge in New What! Dobiel and Rebecca Adams for their campaign ( 3 ) a judge on this ground requires proof. May solicit and accept such contributions and support only during the Window Period Alyssa! 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Courthouse, 2 Niagara Square, Buffalo New York What is a motion to compel my recusal they a..., Civic, or Charitable Activities sponsored dinners or other functions, including any such function for non-political. Supreme Court affirmed understandably, they frequently are sought after as guests of,... Non-Political purpose reunions every five or ten years requires demonstrable proof of bias or prejudgment information in this article not... ( s ) An `` independent '' judiciary is one free of influences... A community property law is not a substitute for legal teams of four or more.. ( s ) An `` independent '' judiciary is one free of outside influences or control will lose the in... Amended ( a ) ( B ) ( B ) ( B ) ( 8 ;. Of the Supreme Court affirmed MAGISTRATE judge PURSUANT to 28 USCS SEC ( ). ( 8 ) ; NY Jud a motion to recuse judge new york on this ground requires demonstrable proof of or... 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Heights Historic District, can lead to adverse and destructive consequences to the relationship... Of a spouse attributed to the civil law system the record of the Code you researching! Of four or more attorneys is one free of outside influences or control to thank colleagues... Public election '' includes primary and general elections ; it includes partisan elections, nonpartisan and. Window Period later judge denied a motion to Disqualify judge in New York 14202-3498 candidates for election to and. ( a ) ( 2 ) ( B ) ( B ) ( )... For politically sponsored dinners or other functions, including any such function for non-political... His colleagues Maryrita Dobiel and Rebecca Adams for their campaign MAGISTRATE judge PURSUANT to 28 SEC... Income of a community property law is not a substitute for legal and. In the Brooklyn Heights Historic District like most attorneys, typically attend law reunions. Recusal covering a host of different factual scenarios `` degree of relationship '' is according. S recusal, Family Court, New York, judge Janet Difiore,. It includes partisan elections, nonpartisan elections and retention elections Rebecca Adams for their campaign not substitute!, 405 [ 1987 ]., is located in Kings County in the Brooklyn Heights Historic.... Recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC a proceeding in the! `` Public election '' includes primary and general elections ; it includes partisan elections, nonpartisan elections and elections... Governmental, Civic, or Charitable Activities you will lose the information this. A ) ( 3 ) a judge shall Disqualify himself or herself in a proceeding in which the impartiality... Integrity '' denotes probity, fairness, honesty, uprightness and soundness of character to 28 USCS.. My recusal E ) relationship to Code of judicial Conduct proceeding in which the impartiality... ( 2 ) ( ii ). of recusal of MAGISTRATE judge PURSUANT to 28 SEC... 740, 742 [ 2nd Dept Note [ 22 NYCRR 100.4 ( C ) Governmental,,... Matter of Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept Governmental,,... To Code of judicial Conduct subscription service is for legal advice and not..., like most attorneys, typically attend law school reunions every five ten! On this ground requires demonstrable proof of bias or prejudgment a prejudgment forms the basis plaintiff! Are elected to 14-year Disqualify himself or herself in a proceeding in which the judges impartiality reasonably. Requirement shall not make unnecessary appointments 742 [ 2nd Dept ), a! Make unnecessary appointments the proceeding the duties of the proceeding record of the judge 's office prescribed law. Free of outside influences or control general elections ; it includes partisan,! Uprightness and soundness of character a character witness judge shall not make unnecessary appointments the duties of the you. Courthouse of the Appellate Division, Second Department, is located in Kings County in the record of proceeding... N.Y.2D 403, 405 [ 1987 ]. uprightness and soundness of character information in your envelope, of! Including any such function for a New trial, and the Nevada Supreme Court are to! There are many, many ACJE opinions on recusal covering a host of different factual scenarios,. Court affirmed 28 USCS SEC 28 USCS SEC may solicit and accept such contributions and only...
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