Law, 14.) Judge prohibited from practicing in cause which has been before him. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. 11 In such situations, even the parties cannot stipulate to permit the judge to hear the case. [NY Jud. 1999].) 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 100.7, filed Nov. 26, 1976; renum. (D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. Ross, Sergeant Shim, Jeanne Wong AS THE ADMINISTRATOR OF THE ESTATE OF DAVID TAI WAI WONG v. Pa, NOTICE OF APPEAL *Corrected* - for Nov 23, 2022 "Decision, Order and Judgm, EXHIBIT(S) - 1 (Motion #6) *Corrected* - "legal autopsy"/analysis of Nov 2, MEMORANDUM OF LAW IN SUPPORT (Motion #002) - 2022.12.03_Memorandum of Law , Barbara H. Urbach Lissner v. Libra Max, Edward Tricomi, AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002) - 2022.12.03_Eilender Af, General Jury Verdict vs. Adv. Functions of the chief administrator of the courts. We have notified your account executive who will contact you shortly. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 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. (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. Your subscription has successfully been upgraded. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] (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; If you mail your papers ], 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. Judicial candidates are not limited to awaiting volunteers for their campaign. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). (2) Public Reports. Judges must conduct their outside lives as extensions of their judicial offices. 10 [NY Jud. (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. 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 . The last one is on appeal and we choose to withhold discussion of the reasoning, except to say that the court required a showing of actual bias. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. The pertinent text of that statute (as of January 2009) reads as follows: 212. 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. February 6, 2023 . 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. Adv. 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. (B) A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. 2 . Associate May Manage N.Y. Office for N.J. Judge prohibited from practicing in cause which has been before him. Op. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. 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. 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. (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 Op. A judge shall perform the duties of judicial office . (MG 6261) Edward Hernstadt, Esq. The text of that provision (as of January 2009) reads as follows: Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES. 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. (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. Ops. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. 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. 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. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. 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). Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. 6 (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. Ops. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . and amd. U.S. District Judge Mary. Written proof of compliance must be filed with the Judicial Campaign Ethics Center within 14 days of completing the training, unless the candidate is granted a waiver of this requirement for good cause shown. 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. 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- . A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. If you wish to keep the information in your envelope between pages, (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. 111.6, new added by renum. (B) Judge as Candidate for Nonjudicial Office. Adv. 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. The motion can be brought by either a prosecutor or a defense attorney. 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. 01-07. 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. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Your article was successfully shared with the contacts you provided. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 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. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. (1) A judge shall be faithful to the law and maintain professional competence in it. Application of the rules of judicial conduct. 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. filed Aug. 1, 1972; renum. [NY Jud. 111.4, new added by renum. Ops. (C) Judge's Staff. (S) An "independent" judiciary is one free of outside influences or control. 03-64; 97-129. 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. Adv. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. [NY Jud. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. 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. All Rights Reserved. (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. 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. (b) 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. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; 100.3(E)(1).) [NY Jud. JUD. 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. 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. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . (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). [NY Jud. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Historical Note ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. The text of those provisions (as of February 2014) reads as follows: 16. (Id. New York Judiciary Law mandates that a justice shall not take part in a matter in which [s]he is interested, or in which (s)he has affinity to any party to the controversy. (Jud. I have been involved in four motions to recuse. Added (R) - (V) on Feb. 14, 2006. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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. of Elections, 462 F.3d 161 (2d Cir. Sec. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. Don't miss the crucial news and insights you need to make informed legal decisions. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] We noticed that you're using an AdBlocker. A Judge may decide to recuse himself if he is related to one of the parties. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 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. 7 min read. "Subparagraph"-refers to a provision designated by a lower-case letter (a). 07-37; 05-134. 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. 100.5 A judge or candidate for elective judicial office shall . (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). ], 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. (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. Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. , 70 N.Y.2d 403, 405 [ 1987 ]. a ) Incumbent and... Will contact you shortly allows you to build your bundle and strategically select the content that to. Designated by a lower-case letter ( a ) Incumbent judges and Others Running Public! Are not limited to awaiting volunteers for their campaign N.Y.2d 403, 405 [ 1987 ]. 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