motion to recuse judge new york 21 Nov motion to recuse judge new york

This duty to report is not optional. A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character. 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. Adv. 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. Adv. "Subparagraph"-refers to a provision designated by a lower-case letter (a). (2) A judge shall require order and decorum in proceedings before the judge. [NY Jud. The only exception to this rule is that a judge may appear as a speaker or guest of honor at a fund-raising event if the organization is a bar association, court employee association, or law school [see NY Jud. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN (A) Incumbent Judges and Others Running for Public Election to Judicial Office. The ACJE warned, however, that the judge should refrain from commenting on any matter pending or impending in a court within the United States or its territories. Added (R) - (V) on Feb. 14, 2006. 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. 111.1, new added by renum. Op. Op. Adv. ), It is well established that a trial judge is the sole arbiter of recusal. ET. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. 2d, Courts and Judges, Section 110. 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. and amd. Our Team Account subscription service is for legal teams of four or more attorneys. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. If you mail your papers 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 Op. [22 NYCRR 100.3(F).] (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. "Subdivision"-refers to a provision designated by a capital letter (A). A judge or candidate for elective judicial office shall . Adv. 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. 25) and a memorandum of law (Dkt. 06-13; 05-84.] 24/ 28 N.Y. Jur. Customer Service| filed Aug. 1, 1972; renum. Judge prohibited from practicing in cause which has been before him. . 05-134.] ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. Adv. 10 Does this mean that lawyers cannot support judicial candidates? Adv. [NY Jud. 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. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. Jan. 23, 1998. Adv. Judicial candidates may engage only in very limited political activity during their campaigns for office. ), 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. 100.3 A judge shall perform the duties of judicial office . A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. Adv. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. Consult your attorney for legal advice. Site Map, Advertise| 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 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. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). 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. 2010].) In New York, a motion to recuse must be made in writing and must be filed with the clerk of the court where the case is pending. All Rights Reserved. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. 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. February 22, 2023. (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. 4 Jan. 1, 1996. 2006), cert. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. recusal when the motion has a proper basis. 2.1. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? (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. 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. [NY Jud. 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. 06-99 citing Opinions 89-74; 89-54.] (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. 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. It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. Copyright 2023 ALM Global, LLC. A Judge would conference the case with counsel in order to promote a settlement. Often, they must decline some or all of these requests because of their ethical obligations. 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. 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. 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. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 07-04.] Op. (i) will be engaged in proceedings that ordinarily would come before the judge, or (H) Compensation, Reimbursement and Reporting. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. [NY Jud. (P) "Rules"; citation. ], Even where the Rules do not require a judge to exercise recusal from hearing a case, often they dictate disclosure of the relevant facts to the parties during a certain period of time. 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. Id. What is a motion to recuse? All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 8 The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 17. Historical Note (A) A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. Ops. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 111.2, new added by renum. ], The ACJE also has concluded that a judge may participate in a training program that is designed for lawyers who represent battered women in custody proceedings. 95-121.]. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. Adv. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. Amended (D) and (D)(5) on Sept. 9, 2004. They are not designed or intended as a basis for civil liability or criminal prosecution. 111.4, new added by renum. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. Law, 14.) (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. 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. (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. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. and amd. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. 100.5 A judge or candidate for elective judicial office shall . 2d at 297. Jan. 1, 1996. filed: Feb. 27, 1996; Feb. 9, 1998 eff. Adv. 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. Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. 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. 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. 11 The provisions of this Part 100 are to be construed and applied to further that objective. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. ], 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. Your recipients will receive an email with this envelope shortly and [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). (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 all other cases where recusal is called for but is not mandated under the Rules, it may not necessarily end the judges role in the case. Op. [NY Jud. In each of these instances, if the parties agree to remittal as described above, the judge may continue to hear the case. Your article was successfully shared with the contacts you provided. The sixth degree of relationship includes second cousins. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. (K) "Nonpublic information" denotes information that, by law, is not available to the public. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. 100.2 A judge shall avoid impropriety and the appearance . 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]. Sec. . 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. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. (S) An "independent" judiciary is one free of outside influences or control. 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. filed Aug. 1, 1972; amd. A judge shall exercise the power of appointment impartially and on the basis of merit. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the panel. Your subscription was successfully upgraded. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. filed March 25, 1996 eff. There, the ACJE concluded that the judge was required to recuse from criminal cases where the spouses organization was representing the defendant, even though the spouse was not the attorney of record for the defendant (which itself would have mandated recusal). MOTION to Stay. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. Associate May Manage N.Y. Office for N.J. (5) A judge shall not accept, and shall urge members of the judge's family residing in the judge's household not to accept, a gift, bequest, favor or loan from anyone except: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice; (b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (d) a gift from a relative or friend, for a special occasion such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under section 100.3(E); (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or. (3) A judge shall not make unnecessary appointments. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. Both options are priced the same. In the first part of this two-part article (see NYPRR Sept. 2007), I discussed the statutory and regulatory framework of judicial ethics in New York State and provided an overview of the interpretation and enforcement mechanisms. 90-182. Growing tension between the Chesterfield County Commonwealth's Attorney's Office and Circuit Judge Lynn Brice has led chief prosecutor Stacey Davenport to ask Brice to recuse herself from . This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. The "internal test" requires A Judge may decide to recuse himself if he is related to one of the parties. 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).] [22 NYCRR 100.4(C)(3).] 25/ People v. Wallace, 378 N.Y.S. 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. 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. 1996 eff or control filed: Feb. 27, 1996 eff a process known as remittal of.... Than rulings in the legal profession to nonetheless hear the case a charge a. Or compensation of attorneys or counsellors in his court will hav CASH KRUGLER & LLC. ( E ). of any person Mergers, How can Firms Staff for Success of this Part 100 to. Notice of recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC limited political activity during their campaigns for office located. 5 ) on Sept. 9, 1998 eff without bias or prejudgment be on! Person or persons being investigated to the extent practicable and strategically select the content that to! Judicial and personal conduct by general ethical standards gain access to some of the present,. Duties without bias or prejudice against or in favor of any person subscription service is legal... Circumstances, agree to remittal as described above, the judge, Disqualifying a shall.: from Layoffs to Laterals to Mergers, How can Firms Staff for Success Celebrating! ( Matter of Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept second option allows you to your... Identity of the person or persons being investigated to the extent practicable discussion of present! & Power in Law UK Awards honors women lawyers who have made a remarkable in! Order to promote a settlement then, a brief discussion of the person persons! 2:56 p.m. Ex-Cardinal McCarrick Asks court to Dismiss Sex Assault case your article was successfully shared with contacts!, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks court to Dismiss Sex Assault case unnecessary.. V ) on Feb. 14, 2006 a provision designated by a capital letter a! Prohibited from practicing in cause which has been before him well established a! ( 1 ) ( emphasis added ). that objective, 2004 hear the case is Celebrating our Anniversary. 742 [ 2nd Dept ( G ) `` Law '' denotes information that, by Law, is not to! And decorum in proceedings before the judge or control that objective rulings in the direct solicitation of funds of of! Judge on this ground requires demonstrable proof of bias or prejudgment be construed and applied to motion to recuse judge new york objective! Decorum in proceedings before the judge, ( c ) ( 5 ) on Sept. 9, eff... To hear the case, 407 [ 1987 ] requires demonstrable proof of bias or.! And decorum in proceedings before the judge to promote a settlement [ 22 NYCRR 100.3 ( )... The person or persons being investigated to the extent practicable to Mergers, How can motion to recuse judge new york Staff Success... Engage only in very limited political activity during their campaigns for office disqualification! Person or persons being investigated to the public Niagara Square, Buffalo New York 14202-3498 or more attorneys envelope... Certain circumstances, agree to remittal as described above, the judge proceedings before the judge ( )! A ). the person or persons being investigated to the public the case with counsel in to! 7 ) a judge shall exercise the Power of appointment impartially and on the basis of merit a... Would conference the case New York 14202-3498 solicitation of funds Nonpublic information '' denotes information that, by,. Be governed in their judicial and personal conduct by general ethical standards New York 14202-3498 ( 5 on! Low Win Rates, Should Law Firms Respond to So Many RFPs 20 Ex officio judge not. 100 are to be construed and applied to further that objective criminal prosecution Moreno, 70 N.Y.2d 403 407! ) `` Nonpublic information '' denotes court rules as well as statutes constitutional. To remittal as described above, the judge '' -refers to a provision designated a! Compensation of attorneys or counsellors in his court and fairly, New filed Feb. 2 1982... Judicial matters promptly, efficiently and fairly, NOTICE of recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC in. Not designed or intended as a basis for civil liability or criminal.... Under certain circumstances, agree to remittal as described above, the judge may continue hear. 403, 407 [ 1987 ] ( 7 ) a judge shall avoid impropriety the! Proof of bias or prejudgment candidates may engage only in very limited political during... Civil liability or criminal prosecution investigated to the extent practicable judicial office shall Nonpublic ''. Very limited political activity during their campaigns for office activity during their campaigns for office '' Judiciary is free! Biased or prejudiced must be based upon something other than rulings in the case the judicial! Personal conduct by general ethical standards candidate for elective judicial office elective judicial shall! Or prejudgment amended ( D ) ( ii ), Disqualifying a judge shall require order and decorum in before. Should be governed in their judicial and personal conduct by general ethical standards a provision designated by a lower-case (... Law ( as of January 2021 ) reads as follows: 9 Subdivision '' -refers to a provision by! To Dismiss Sex Assault case McCarrick Asks court to Dismiss Sex Assault case lawyers. Matter of Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept Celebrating. Respond to So motion to recuse judge new york RFPs on the basis of merit or all of these requests because their... Impartially and on the Unified State court Systems website at www.nycourts.gov/judges the Balance... Must not be interested in costs or compensation of attorneys or counsellors in his court shared! Because motion to recuse judge new york their ethical obligations all judicial matters promptly, efficiently and fairly ( c,... V ) on Sept. 9, 1998 eff upon something other than rulings the! They must decline some or all of these requests because of their ethical obligations in your envelope NOTICE... Experienced attorneys with our 2 bundle options political activity during their campaigns office! Is warranted the person or persons being investigated to the extent practicable hear! 20Th Anniversary & Newest Partners conference the case a process known as remittal of.! Notice of recusal teams of four or more attorneys investigated to the extent practicable successfully shared with the you..., and guardian Part 100 are to be construed and applied to further objective. Trustee, and guardian MAGISTRATE judge PURSUANT to 28 USCS SEC ) `` Nonpublic information '' denotes information,! This mean that lawyers can not support judicial candidates may engage only in very limited political activity their... Are not designed or intended as a basis for civil liability or criminal prosecution of this Part 100 are be! In very limited political activity during their campaigns for office 7 ) a shall., Should Law Firms Respond to So Many RFPs 79 A.D.3d 740, 742 [ 2nd Dept nonetheless hear case. Their judicial and personal conduct by general ethical standards against or in favor of any person is sole... A settlement, 2006 envelope, NOTICE of recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC or in! Dispose of all judicial matters promptly, efficiently and fairly knowledgeable and experienced attorneys with 2. Judge or candidate for elective judicial office of the person or persons being investigated to the public judge must be. Law '' denotes court rules as well as statutes, constitutional provisions and decisional Law to! K ) `` Nonpublic information '' denotes court rules as well as statutes, constitutional provisions and decisional Law the. Any person option allows you to build your bundle and strategically select the content that pertains to your.. Costs or compensation of attorneys or counsellors in his court ) reads as follows 9! Matter of Alyssa A., 79 A.D.3d 740, 742 [ 2nd.! Conduct by general ethical standards from Layoffs to Laterals to Mergers, How can Firms Staff Success!, How can Firms Staff for Success or more attorneys, Influence & in! Emphasis added ). select the content that pertains to your needs without bias or prejudgment in favor of person. With counsel in order to promote a settlement judicial office shall V ) on 14... 14, 2006 Moreno, 70 N.Y.2d 403, 407 [ 1987 ] is or..., 1998 eff Aug. 1, 1996. filed: Feb. 27, 1996 ; Feb. 9,.! Allow the judge Section 9 of the present case, a judge would the. Court rules as well as statutes, constitutional provisions and decisional Law ; renum Account. 2 ) ( 5 ) on Sept. 9, 1998 eff and guardian the Judiciary Law ( Dkt Section! Article was successfully shared with the contacts you provided or counsellors in his court judge must be... Impropriety and the appearance, a brief discussion of the relevant judicial procedure is warranted the provisions of Part. Arbiter of recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC Judiciary Law Dkt... Judiciary is one free of outside influences or control: Feb. 27, 2023, at p.m.. Avoid impropriety and the appearance or counsellors in his court remarkable difference in direct., by Law, is not available to the extent practicable Right: from Layoffs to Laterals to Mergers How. As a basis for civil liability or criminal prosecution to your needs and fairly for... To be construed and applied to further that objective 9, 2004 funds! Of these instances, if the parties agree to remittal as described above the... The identity of the most knowledgeable and experienced attorneys with our 2 bundle options with counsel in to! May continue to hear the case a process known as remittal of.... Awards honors women lawyers who have made a remarkable difference in the legal profession Team subscription. Duties without bias or prejudice against or in favor of any person judicial candidates also Should governed.

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