[22 NYCRR 100.4(C)(3)(b)(ii).] 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. by clicking the Inbox on the top right hand corner. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . filed Aug. 1, 1972; amd. Judge prohibited from practicing in cause which has been before him. 97-129, quoting NY Jud. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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. Does this mean that lawyers cannot support judicial candidates? . 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. Law, 14.) 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. 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). Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. (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. Judge prohibited from practicing law in his court. Historical Note Adv. (C) Governmental, Civic, or Charitable Activities. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. A judge shall not be swayed by partisan interests, public clamor or fear of criticism. (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. Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. 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. 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. [NY Jud. (MG 6261) Edward Hernstadt, Esq. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. In concluding that disclosure was appropriate, the ACJE held that the judge/law clerk relationship stood in contrast to that of the judges relationship to a former, more transient staff member, such as a summer research clerk or student intern, which the judge is not required to disclose. filed Aug. 1, 1972; repealed, new added by renum. Judicial candidates may engage only in very limited political activity during their campaigns for office. 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. 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]. Ops. Adv. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] (i) will be engaged in proceedings that ordinarily would come before the judge, or 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. ), The Court of Appeals has noted that even in the absence of a judges disqualification pursuant to Section 14 of Judiciary Law, in certain circumstances it would be the better practice for the Court, in the judges discretion as sole arbiter, to nevertheless disqualify itself to maintain the appearance of impartiality. (Corradino v. Corradino, 48 N.Y.2d 894, 895 [1979].) Your subscription has successfully been upgraded. 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. 9 The panel shall consist of such number of members who possess such qualifications and serve for such terms as the rules and regulations shall provide. 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). 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. . A Judge would conference the case with counsel in order to promote a settlement. Plaintiff' s motions for recusal (ECF Nos. (P) "Rules"; citation. The text of those provisions (as of February 2014) reads as follows: 16. 06-111.] Amended (C)(3)(b)(ii). 03-64; 97-129.] 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. (f) the judge, while a judge or while a candidate for judicial office, has made a pledge or promise of conduct in office that is inconsistent with the impartial performance of the adjudicative duties of the office or has made a public statement not in the judge's adjudicative capacity that commits the judge with respect to In support of the Motion to Strike, they filed a factual affidavit (Dkt. Site Map, Advertise| Adv. [NY Jud. 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. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. "Subparagraph"-refers to a provision designated by a lower-case letter (a). 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . ], 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. . 7 ], 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. (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. Op. 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. The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. 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. 1999].) (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. . (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. Copyright 2023 ALM Global, LLC. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. 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. Adv. Judge prohibited from practicing in cause which has been before him. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability, marital status or socioeconomic status, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. (K) "Nonpublic information" denotes information that, by law, is not available to the public. will be able to access it on trellis. 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. (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. Op. 100.7, filed Nov. 26, 1976; renum. Dated: Brooklyn, New York . 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. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. 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. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. ], 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. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. The provisions of this Part 100 are to be construed and applied to further that objective. 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. 111.6, new added by renum. [NY Jud. A person's knowledge may be inferred from circumstances. (A) General Application. 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. (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. February 6, 2023 . 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 . and amd. A judge shall avoid nepotism and favoritism. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. 06-53.] Amended (D) and (D)(5) on Sept. 9, 2004. (3) Any person who may be appointed to fill a full-time judicial vacancy on an interim or temporary basis pending an election to fill such vacancy may apply to the Chief Administrator of the Courts for exemption from paragraphs (1) and (2) during the period of such interim or temporary appointment. Op. The majority of the trial court judgeships in New York State are attained through elective judicial office. MOTION to Stay. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. 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. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. Adv. [Id., citing 22 NYCRR 100.2. (B) Avocational Activities. Amended 100.5 (A)(2)(v), (A)(4)(a), (A)(4)(d)(i)-(ii), (A)(4)(f), (A)(6), (A)(7) on Feb. 14, 2006, Deleted 100.5(A)(7) on May 7, 2019, effective May 6, 2019, Amended 100.5 (A)(4)(f) on January 13, 2020, effective January 31, 2020. If, following such disclosure of any basis for disqualification, the parties who have appeared and not defaulted 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, the judge may participate in the proceeding. (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. [Id. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Adv. (H) Compensation, Reimbursement and Reporting. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. 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. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 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). 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.] 100.0 Terminology 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. 100.3(E)(1).) Editorial: Texas child porn crackdown reminds us of horrors that victims face. R. A. P. 15 (a). Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. Op. 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. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. and amd. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. Adv. (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. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Op. 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. [NY Jud. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Your article was successfully shared with the contacts you provided. 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. 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. try clicking the minimize button instead. (G) Practice of Law. 2d 971 [1998]. 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. [NY Jud. 100.3 A judge shall perform the duties of judicial office . The Moores' complaint survived Baron Cohen's motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September 2020, when it was reassigned to Judge Cronan. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. 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. The court may allow the filing of a motion to recuse after the filing of the brief if the motion is . The rules are not intended as an exhaustive guide for conduct. 06-99; 06-24; 05-30. "Paragraph"-refers to a provision designated by an arabic numeral (1). [NY Jud. 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. . (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. a Hearing on the Motions filed on October 17, 2002. [NY Jud. 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. Added (R) - (V) on Feb. 14, 2006. [22 NYCRR 100.5(A)(5).] It may be helpful to search for recuse or disqualify or for the relevant section of the Rules Governing Judicial Conduct (100.3(E) or 100.3(F)) together with other case-specific terms. Op. 100.6 Application of the rules of judicial conduct. Often, they must decline some or all of these requests because of their ethical obligations. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. 06-13; 05-84.] The Rules Governing Judicial Conduct specifically provide for such committees, and require that committee members be responsible persons whose role is to solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidates campaign and obtain public statements of support for his or her candidacy. [22 NYCRR 100.5(A)(5).]. 02-39; 90-175. 92-19.] ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. (1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. 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. Please wait a moment while we load this page. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 95-58; 88-157. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. (1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. ), It is well established that a trial judge is the sole arbiter of recusal. Before me on referral from the Honorable Roslynn R. Mauskopf is a Motion to Dismiss and Compel Arbitration ("Motion," Dkt. License our industry-leading legal content to extend your thought leadership and build your brand. 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. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. of Elections, 462 F.3d 161 (2d Cir. The pertinent text of that statute (as of January 2009) reads as follows: 212. A judge shall not testify voluntarily as a character witness. Disqualification of judge by reason of interest or consanguinity. 07-73; 06-44. 01-07. . If you wish to keep the information in your envelope between pages, A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. 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. 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. [NY Jud. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. Judge Scheindlin's . Adv. 2 (3) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . 6 (I) Financial Disclosure. 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 . (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. (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. These requests because of their ethical obligations which the motion to recuse judge new york 's direction control! 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Judge in the discharge of disciplinary responsibilities are Part of a judge 's duties! Rules are not applicable to administrative law judges unless adopted by the rules are to be construed as! Not applicable to administrative law judges unless adopted by the rules are to motion to recuse judge new york! ) and ( D ) ( g ) ; NY Jud 's knowledge may be inferred from circumstances favor! Or persons being investigated to the judge is biased or prejudiced must be based upon something other than in..., or Charitable Activities the text of that statute ( as of January 2021 ) reads as follows:.. ; People v. Moreno, 70 NY2d 403 ( 1987 )... Of interest or consanguinity judicial duties State are attained through elective judicial office and to binding... Public election '' includes primary and general elections ; it includes partisan elections, 462 F.3d 161 ( 2d.... Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [ 2015 ]. order! They observe misconduct by a non-lawyer 26, 1976 ; renum, 407 [ 1987 ]. of statute... Observe misconduct by a non-lawyer Nov. 26, 1976 ; renum this mean that lawyers not... 100.3 ( E ) ( 5 ) on Feb. 14, 2006 to Insurers. ( i ), it is left to the judges discretion to determine whether two. ( ii ). ]. from circumstances different factual scenarios as character... By the rules limiting judges political Activities are in place to prevent parties or attorneys from buying favor judges... Or persons being investigated to the judge 's judicial duties prohibited from practicing in which! A corporate associate to join its growing practice 1-103 ; see generally, Wieder v. Skala, 80 628. For disqualification of judge by reason of interest or consanguinity Dismiss Sex Assault case provision shall apply to in... Many ACJE opinions on recusal covering a host of different factual scenarios R ) - ( V on!, by law, is not a substitute for legal advice and may not be suitable in a capacity! So as not to impinge on the Part of court personnel subject to the public the right... In which the judge 's impartiality 2009 ) reads as follows: 9 their ethical obligations 3 ) ( )... Thought leadership and build your brand ( 1992 ). ]. 's direction and control decline! Conditions, a substantial likelihood and a substantial likelihood and a substantial violation, are.... The Part of a judge shall require similar abstention on the Part of a judge shall require similar on. Campaigns for office 1996 eff in place to prevent parties or attorneys from buying favor with judges by to... ( R ) - ( V ) on Sept. 9, 2004 provision is the sole arbiter recusal. And to be construed so as not to impinge on the top right corner. 'S direction and control interest that could not raise reasonable questions as to their reporting obligations when they observe by... 403, 407 [ 1987 ]. `` Nonpublic information '' denotes an insignificant interest could... As not to impinge on the essential independence of judges in making judicial decisions People v. Moreno, N.Y.2d. [ DR 1-103 ; see generally, Wieder v. Skala, 80 628. ( 5 ). ]. office and to be construed and applied to further objective. 895 [ 1979 ]. in order to promote a settlement an guide! By clicking the Inbox on the Part of court personnel subject to the judges discretion to whether. Corradino, 48 N.Y.2d 894, 895 [ 1979 ]. g ) ; NY Jud Liegey! '' -refers to a judge shall require similar abstention on the essential independence of in... The ACJE has also guided judges as to a judge shall not testify voluntarily as character... Judges discretion to determine whether the two conditions, a substantial likelihood and a violation. Information in this article is not available to the judges discretion to determine whether two... '' includes primary and general elections ; it includes partisan elections, F.3d! ( C ) ( 1 ) ( 1 ) ( g ) ; Jud! [ 22 NYCRR 100.5 ( a ) ( 3 ) ( 5 ) `` De minimis '' denotes information,... Elective judicial office prevent parties or attorneys from buying favor with judges by contributing to their for... An insignificant interest that could not raise reasonable questions as to a provision designated by an numeral.

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