This is called recusal. [Id., see also NY Jud. 06-99 citing Opinions 89-74; 89-54.] Op. Op. Permissible Silence or Impermissible Deceit N.Y. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. will be able to access it on trellis. 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$500 limitation shall not apply to an appointee's contributions to his or her own campaign. 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, but neither party object to the judge's continuing to preside over the matter. 100.3 A judge shall perform the duties of judicial office . A judge shall not be swayed by partisan interests, public clamor or fear of criticism. 8 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. . (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? An independent and honorable judiciary is indispensable to justice in our society. . 5 25) and a memorandum of law (Dkt. (F) Service as Arbitrator or Mediator. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer 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 . Op. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. Editorial: Texas child porn crackdown reminds us of horrors that victims face. The text of those provisions (as of February 2014) reads as follows: 16. 06-111.] [NY Jud. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. (I) Financial Disclosure. Adv. 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.] (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. and amd. When permitted, however, remittal is only available if parties and their lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge believes that he or she will be impartial and is willing to participate. Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist. (People v. Alomar, 93 N.Y.2d 239, 246 [1999]. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. (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. [22 NYCRR 100.3(F). They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. 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. But no 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. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. [NY Jud. ], 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. Judge . In such situations, even the parties cannot stipulate to permit the judge to hear the case. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. 111.2, new added by renum. Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. License our industry-leading legal content to extend your thought leadership and build your brand. Ops. 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. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. 2006), cert. MOTION to Stay. February 6, 2023 . This requirement shall not apply to candidates for election to town and village courts. (H) Compensation, Reimbursement and Reporting. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. 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. Your alert tracking was successfully added. A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers concerning a pending or impending proceeding, except: (a) Ex parte communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized, provided the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and the judge, insofar as practical and appropriate, makes provision for prompt notification of other parties or their lawyers of the substance of the ex parte communication and allows an opportunity to respond. Adv. Sec. (B) Avocational Activities. Adv. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . Adv. [22 NYCRR 100.4(C)(3).] Historical Note . [22 NYCRR 100.3(D)(2); NY Jud. 11 They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. 111.1, new added by renum. Adv. Jan. 23, 1998. A judge or candidate for elective judicial office shall . 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. Adv. 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. ), 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. filed Feb. 1, 1996 eff. 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. Your subscription has successfully been upgraded. 1999].) 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. A law . Ops. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. 4. Read this complete Code of Federal Regulations Title 28. Op. 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