(ii) the parties or controversy in the proceeding. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. . 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 . (I) Financial Disclosure. [Id. Op. 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. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. Judicial candidates may not, for example, personally solicit or accept campaign contributions. Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Judges, like most attorneys, typically attend law school reunions every five or ten years. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. when new changes related to " are available. A court should ordinarily decide a motion to recuse, which is a discretionary call . The defendants in the ongoing federal drug adulteration and misbranding case have filed a letter motion asking the presiding judge in the case to recuse herself. 95-121.]. (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 Added (R) - (V) on Feb. 14, 2006. 2 March 21, 1996. Please wait a moment while we load this page. Adv. I have been involved in four motions to. 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 . A group of real estate investors alleged in a . Prior to the present IAS system, the Master Calendar system was in effect. 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. . 100.7, filed Nov. 26, 1976; renum. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. We have notified your account executive who will contact you shortly. Sec. 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. Amended (D) and (D)(5) on Sept. 9, 2004. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. (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. 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. I have been involved in four motions to recuse. ), [N]o judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. (Jud. (C) Administrative Law Judges. 9 (B) Judge as Candidate for Nonjudicial Office. 05-134.] Op. Adv. 111.1, new added by renum. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Ops. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Adv. [22 NYCRR 100.5(A)(5).] (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. 100.0 Terminology An independent and honorable judiciary is indispensable to justice in our society. 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. (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. "Subdivision"-refers to a provision designated by a capital letter (A). As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. 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. Your content views addon has successfully been added. (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. 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. Feb. 23, 2023, 12:53 p.m. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. Historical Note 97-129.] 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. Historical Note 17. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) 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; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. See 22 NYCRR 100.6 (A). Jan. 23, 1998. 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- . Ops. 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.] Op. [See, NY Jud. 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. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. 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. Amended (C)(3)(b)(ii). Op. 2d 971 [1998]. 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 Law, 14.) (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? ], 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. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. [NY Jud. 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. . Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement in accordance with rules promulgated pursuant to section 40.1(i)(3) of the Rules of the Chief Judge of the State of New York (22 NYCRR). Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. ], 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. Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event;