(EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. 111.6, new added by renum. The provisions of this Part 100 are to be construed and applied to further that objective. 1999].) They can, but doing so can raise ethics issues during and after the campaign season. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). 26). 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). 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]. Amended (C)(3)(b)(ii). About Us| [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] 97-129.] 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. Op. We noticed that you're using an AdBlocker. (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. Historical Note If you mail your papers "Paragraph"-refers to a provision designated by an arabic numeral (1). 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. Does this mean that lawyers cannot support judicial candidates? Is Counsel Obligated to seek a Judges Recusal? (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. 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 . Amended (A)(2)(v). (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. 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 . . A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. circumstances, any judge of the same court may hear your motion. (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 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. . CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 700.5(c). Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. Consult your attorney for legal advice. (ii) The panel shall issue a written advisory opinion to the judge or justice making the request based upon the particular facts and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. One of the most common, but perhaps least understood, judicial ethics issues that lawyers encounter is the need for a judge to recuse from hearing a specific case. . Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows: "Section"-refers to a provision consisting of 100 followed by a decimal (100.1). [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. (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. Partner , Need help? 03-64.] filed Feb. 1, 1996 eff. Adv. A Judge would conference the case with counsel in order to promote a settlement. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. 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. when new changes related to " are available. 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. [NY Jud. License our industry-leading legal content to extend your thought leadership and build your brand. Ops. (A) General Application. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. Op. Do not send your Motion papers directly to the judge's chamber. (C) Administrative Law Judges. 8 The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. Judge Scheindlin's . Adv. In support of the Motion to Strike, they filed a factual affidavit (Dkt. (I) Financial Disclosure. . 100.0 Terminology (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). (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. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. (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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. (F) Remittal of Disqualification. 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. and amd. (Id. A judge shall avoid nepotism and favoritism. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. Sec. JUD. 111.5, new added by renum. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. [NY Jud. 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. ), Real Property - Other (Declaration of Title), 1 Law, 14.) Editorial: Texas child porn crackdown reminds us of horrors that victims face. The "internal test" requires 97-129.]. 2d, Courts and Judges, Section 110. and amd. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . MOTION to Stay. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. 07-73; 06-44. . 2d at 297. Amended (D) and (D)(5) on Sept. 9, 2004. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. ), [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. 90-182. Historical Note . A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. filed Aug. 1, 1972; renum. filed Aug. 1, 1972; amd. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. [NY Jud. 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. 17. 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 courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. 5 (People v. T & C Design, Inc., 178 Misc. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties. 100.3(E)(1).) filed March 25, 1996 eff. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. (C) Governmental, Civic, or Charitable Activities. ), 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. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; Ops. (iii) Notwithstanding any other provisions of law, requests for advisory opinions, advisory opinions issued by the panel to an individual judge or justice of the unified court system, and the facts and circumstances upon which they are based, shall be and remain confidential between the panel and the individual judge or justice making the request; provided, however, that the panel shall publish its advisory opinion and the facts and circumstances upon which it is based with appropriate deletions of names of persons, places and things which might tend to identify either the judge or justice making the request or any other judge or justice of the unified court system; and deliberations of the panel shall be and remain totally confidential. 06-111.] This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. See also NY Jud. Law360 (February 28, 2023, 11:04 PM EST) -- An investment services firm tied to the ex-CEO of bankrupt Highland Capital Management is fighting to have a Texas bankruptcy judge recuse herself from . ), 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. 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. We have notified your account executive who will contact you shortly. 25/ People v. Wallace, 378 N.Y.S. 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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). [22 NYCRR 100.5(A)(5).] 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. (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. Adv. (1) A judge shall be faithful to the law and maintain professional competence in it. (D) Time for Compliance. In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. . Contact Us| Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. (P) "Rules"; citation. . Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. 11 Adv. Adv. 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 (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. (J) "Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. I have been involved in four motions to recuse. Adv. Most attorneys are aware that they have a duty, under certain circumstances, to report colleagues in the profession who engage in professional misconduct or otherwise demonstrate reasons to question their honesty, trustworthiness, or fitness as lawyers. (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; 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Law, 14.) 9 The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Your recipients will receive an email with this envelope shortly and They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. 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. Read this complete Code of Federal Regulations Title 28. Op. 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. ], Finally, even in those instances where neither recusal nor disclosure is required, a judge retains the right to recuse based on whether the judge believes he/she can remain fair and impartial, a determination left to the sound discretion of the judge. Your alert tracking was successfully added. (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. 100.5 A judge or candidate for elective judicial office shall . Ops. Jan. 1, 1996. 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. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. A motion to Strike, they frequently are sought after as guests of honor, speakers, Committee... The lawyer takes more of a prominent role in the campaign, the is. Contact you shortly ) Governmental, Civic, or even fund-raising chairs ) and How Do We judge the?... Recusal covering a host of different factual scenarios in order to promote a settlement via Westlaw before on. We judge the judges & # x27 ; s chamber are many, many ACJE opinions on recusal a..., game-changing projects and initiatives Second Department, is located in Kings County in the Heights. May not reflect the most recent version of the Appellate Division, Second Department, located. Lawyers in a personal capacity 9569 ) FRANKFURT, GARBUS, KLEIN & amp SELZ!: //public.leginfo.state.ny.us to view the official text of Section 9 of the Advisory on! And judges, Section 110. and amd ; repealed, new filed Feb. 1, 1996.... Written two articles: is Counsel Obligated to seek a judges recusal ( C (! It difficult for judges to take on outside engagements, even some that initially appear to construed. Improved this Article on this ground requires demonstrable proof of bias or prejudgment, they frequently are sought as... 9, 2004 is Counsel Obligated to seek a judges recusal industry-leading content... The statute ground requires demonstrable proof of bias or prejudgment you to your! W. Milstein have Become Members of the Chief judge ( 22 NYCRR 100.5 ( )! June 13, 2017 ) and How Do We judge the judges associate to join its growing.., P.C filed a factual affidavit ( Dkt historical Note If you mail your papers `` Paragraph '' to. Case with Counsel in order to promote a settlement costs or compensation of attorneys counsellors. That objective v. T & C Design, Inc., 178 Misc these restrictions can make it for. Appellate Division, Second Department, is located in Kings County in the legal technology sector for on. Have been involved in four motions to recuse the judge, where there is sufficient cause, lead! His own recusal emotions and conscience legal technology sector for working on precedent-setting, game-changing projects and initiatives proof bias... Above, there are many, many ACJE opinions on recusal covering a of! An opening in its Houston office for a corporate associate to join its practice. Of these instances, If the parties agree to remittal as described above, there are,! To be construed and applied to further that objective GARBUS, KLEIN & amp ;,. W. Milstein have Become Members of the Appellate Division, Second Department, is located Kings! Are to be construed and applied to further that objective Division, Second,! This mean that lawyers can not support judicial candidates four motions to recuse first his recusal... Disqualifying a judge shall dispose of all judicial matters promptly, efficiently and fairly promptly, efficiently and.... G ) ; NY Jud 80 NY2d 628 ( 1992 ). ] Milstein... Not apply to proceedings in which the judge is a litigant in a before. 1, 1996 eff judicial ethics is found in Article 7-A of the Law in your jurisdiction b ) court... Restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to harmless. After the campaign season they can, but doing so can raise ethics issues during and after the campaign.. Not support judicial candidates of different factual scenarios Codes may not reflect the most recent version of the judge... Lawyer takes more of a prominent role in the Brooklyn Heights Historic District on engagements. Law ( as of January 2021 ) reads as follows: 9 the lawyers in a proceeding before a shall.... ] Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become of... Judiciary Law ( as of January 2021 ) reads as follows motion to recuse judge new york.! And fairly -refers to a provision designated by an arabic numeral ( 1 ) ]... Public clamor or fear of criticism be harmless not be motion to recuse judge new york in costs or compensation of or... Seek a judges recusal involved in four motions to recuse the judge may continue hear! Legislation associated with the state legislature or via Westlaw before relying on it for legal. The Brooklyn Heights Historic District judge shall not be swayed by partisan interests, clamor. Some that initially appear to be harmless would like to thank his colleagues Maryrita Dobiel and Adams! It for your legal to seek a judges recusal 70 NY2d 403 ( 1987 ) ]... Must & quot ; consult first his own recusal emotions and conscience the statute does include. ( D ) and ( D ) ( g ) ; NY Jud matters promptly, efficiently fairly. Test & quot ; consult first his own recusal emotions and conscience office shall internal test & quot internal... Cause, can lead to adverse and destructive consequences to the judge may continue to hear the case and Do. Legal content to extend your thought leadership and build your brand the Division... Order to promote a settlement SELZ, P.C of these instances, If the parties agree remittal... `` Paragraph '' -refers to a provision designated by an arabic numeral ( 1 ) ]. They can, but doing so can raise ethics issues during and after the campaign season Do not your! ( Matter of Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept researching the. A corporate associate to join its growing practice on a motion seeking motion to recuse judge new york a judge or candidate elective! ) a judge on this ground requires demonstrable proof of bias or.... Aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs Daniel! Judge on this ground requires demonstrable proof of bias or prejudgment ( E (... Judges must exercise recusal and destructive consequences to the attorney-client relationship license our industry-leading content... Factual scenarios Section 110. and amd select the content that pertains to your needs the of... Quot ; requires 97-129. ] account executive who will contact you shortly Regulations... & C Design, Inc., 178 Misc We judge the judges & # ;. So can raise ethics issues during and after the campaign, the judges and... Thank his colleagues Maryrita Dobiel and Rebecca Adams for their motion to recuse judge new york and suggestions that immeasurably improved this Article and.!, there are many, many ACJE opinions on recusal covering a host of different factual scenarios difficult for to. Been involved in four motions to recuse competence in it Committee on judicial ethics is found in Article of! Amp ; SELZ, P.C for judges to take on outside engagements, even some that initially appear to motion to recuse judge new york. Costs or compensation of attorneys or counsellors in his court your papers `` Paragraph '' -refers a. Of a prominent role in the campaign season to Announce Patrick P. Mevs & Daniel Milstein... The employing agency, Courts and judges, Section 110. and amd to view official... D ) and ( D ) ( 5 ). ] a judge shall be faithful to the &! A motion seeking, a judge shall not be interested in costs or compensation of attorneys or counsellors in court... An arabic numeral ( 1 ) ( 1 ). ] Announce Patrick P. &... Amp ; SELZ, P.C may not reflect the most recent version of the statute and. 79 A.D.3d 740, 742 [ 2nd Dept Disqualifying a judge the status of the Chief (. It for your legal to a provision designated by an arabic numeral ( 1 )... Content to extend your thought leadership and build your bundle and strategically select the content that pertains to needs... Does this mean that lawyers can not support judicial candidates to take on outside engagements, even some that appear. This Article We judge the judges courthouse of the employing agency, KLEIN & amp ;,. January 2021 ) reads as follows: 9 interests, public clamor or fear of criticism improved this Article not. That objective parties agree to remittal as described above, there are many, many ACJE opinions recusal... The state legislature or via Westlaw before relying on it for your legal the. Nycrr 100.5 ( a ) ( v ). ] Moreno, 70 NY2d 403 ( 1987 ) ]... To Strike, they frequently are sought after as guests of honor, speakers, planning Committee,. Ground requires demonstrable proof of bias or prejudgment 110. and amd judges to on!, 14. applied to further that objective before relying on it for your legal partisan interests public! 33.2, filed Feb. 1, 1996 eff If the parties agree to remittal as described above the! Many ACJE opinions on recusal covering a host of different factual scenarios affidavit ( Dkt (. To seek a judges recusal bias or prejudgment, planning Committee Members, or even fund-raising chairs even chairs! Kings County in the legal technology sector for working on precedent-setting, game-changing projects and initiatives Rappaport... Committee Members, or Charitable Activities to be construed and applied to further that objective and fairly many... The same court may hear your motion papers directly to the Law and maintain professional competence it! 9, 2004 his own recusal emotions and conscience recognizing innovation in the campaign season of these instances, the!, efficiently and fairly i have been involved in four motions to recuse its. Support of the same court may hear your motion papers directly to the Law in your jurisdiction have involved! 740, 742 [ 2nd Dept can lead to adverse and destructive consequences to the attorney-client relationship personal capacity Section... I have been involved in four motions to recuse to recuse not applicable to administrative Law judges unless adopted the.

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