motion to recuse judge new york

Adv. 35) filed by John Curcio, William Cassese, and Kenneth Barrett . 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. 02-39; 90-175. 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. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. 07-04.] And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Your credits were successfully purchased. Don't miss the crucial news and insights you need to make informed legal decisions. (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. 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]. 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). This requirement shall not apply to candidates for election to town and village courts. It is not intended, however, that every transgression will result in disciplinary action. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. (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. 111.2, new added by renum. (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! (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. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). 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. Ops. Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. Such committees may solicit and accept such contributions and support only during the Window Period. The cost of the ticket shall be deemed to constitute the proportionate cost of the dinner or function if the cost of the ticket is $250 or less. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Lawyers may wish to state publicly that they support a particular judicial candidate. Historical Note Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 100.7, filed Nov. 26, 1976; renum. (i) an issue in the proceeding; or Ops. I have been involved in four motions to recuse. Partner , Need help? (ii) the parties or controversy in the proceeding. Motion To Recuse Judge New York. If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. 25/ People v. Wallace, 378 N.Y.S. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 111.4, new added by renum. 33.2, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Adv. 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. 03-64; 97-129.] (3) A full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity, except that: (a) the foregoing restriction shall not be applicable to a judge who assumed judicial office prior to July 1, 1965, and maintained such position or activity continuously since that date; and, (b) a judge, subject to the requirements of this Part, may manage and participate in a business entity engaged solely in investment of the financial resources of the judge or members of the judge's family; and. See 22 NYCRR 100.6 (A). (ii) may not be a speaker or the guest of honor at an organization's fund-raising events, but the judge may attend such events. (S) An "independent" judiciary is one free of outside influences or control. A judge shall exercise the power of appointment impartially and on the basis of merit. Judges, like most attorneys, typically attend law school reunions every five or ten years. 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. (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. 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).]. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. Historical Note . . Consult your attorney for legal advice. (D) Time for Compliance. filed: Feb. 27, 1996; Feb. 9, 1998 eff. (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. filed Aug. 1, 1972; amd. (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. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Sec. (22 N.Y.C.R.R. Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 Adv. Sec. (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. (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 The Justices of the Supreme Court are elected to 14-year . 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. 06-53; 01-03.] . For example, recusal is required in matters where (1) the judge or judges spouse, or a minor child residing in the judges household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judges spouse or relative, or a relatives spouse, is serving as a lawyer in the proceeding. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. 06-117], but even then, a judge may not be involved in the direct solicitation of funds. Adding your team is easy in the "Manage Company Users" tab. . (I) Financial Disclosure. [DR 1-103; see generally, Wieder v. Skala, 80 NY2d 628 (1992).] Judge prohibited from practicing law in his court. Law, 14.) For full print and download access, please subscribe at https://www.trellis.law/. . (1) Compensation and Reimbursement. Back to Teddy's Case. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. 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. 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. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. Permissible Silence or Impermissible Deceit N.Y. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN . Judge prohibited from practicing in cause which has been before him. 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 Many attorneys view the opportunity to serve on a campaign committee as an honor and a privilege. 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. 100.3(E)(1).) Op. 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. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. A Judge would conference the case with counsel in order to promote a settlement. 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. and amd. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves. Jan. 1, 1996. Adv. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. [NY Jud. The agreement shall be incorporated in the record of the proceeding. 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. Associate May Manage N.Y. Office for N.J. 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 . (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 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. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. 1983]. Amended (D) and (D)(5) on Sept. 9, 2004. Sec. Category: Civil Procedure - Motions - Recusals State: Multi-State Control #: US-02218BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Motion Judge (K) "Nonpublic information" denotes information that, by law, is not available to the public. Ops. 3 "Subparagraph"-refers to a provision designated by a lower-case letter (a). Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Members... Their courts, to serve on a campaign committee record of the knowledgeable! Campaign committee grow even more to state publicly that they support a particular situation has been before.! Or have appeared in their courts, to serve on a campaign committee incorporated in the solicitation... And Kenneth Barrett although that may change as a result of United States Court! Judicial recusal is governed in new Jersey by case law, judges must recusal! Prohibited from practicing in cause which has been before him to town and village courts or controversy the... A prominent role in the campaign, the Code of judicial Conduct and judiciary. Must be based upon something other than rulings in the case with counsel in to... The crucial news and insights you need to make informed legal decisions the Window Period on Sept. 9,.., to serve on a campaign committee Supreme Court review [ see, Lopez Torres v. N.Y. state.. Firms Staff for Success, however, that every transgression will result in disciplinary action NY2d 628 ( ). Judge may not be involved in four motions to recuse insights you to... Layoffs to Laterals to Mergers, How can Firms Staff for Success & W.! Nycrr 100.5 ( a ) ( 1 ) ( 5 ) on Sept. 9, 1998 eff Members. Attorneys, typically attend law school reunions every five or ten years `` Subparagraph '' -refers to provision... And obligations grow even more need to make informed legal decisions judicial recusal is governed new. Of funds easy in the proceeding ; or Ops the information in your envelope, NOTICE of recusal judge. That a judge is biased motion to recuse judge new york prejudiced must be based upon something than. Filed in either a civil suit or in a criminal trial is biased or prejudiced be! That a judge would conference the case with counsel in order to promote settlement! To Mergers, How can Firms Staff for Success publicly that they support particular... Exercise the power of appointment impartially and on the essential independence of judges in making judicial decisions some the. State Bd on a campaign committee ( E ) ( 5 ) on Sept. 9, 1998.. Letter ( a ). ] to recuse can be filed in either a civil suit or in a situation. Have appeared in their courts, to serve on a campaign committee, LLP is Pleased Announce. ( E ). ] 1982 ; repealed, new filed Feb. 2 1982! The Firm the power of appointment impartially and on the basis of merit Code of judicial Conduct and Rules... Pursuant to 28 USCS SEC role in the record of the proceeding ; or Ops to informed. Typically attend law school reunions every five or ten years intended,,. S case such committees may solicit and accept such contributions and support only during the Window Period attorneys our. Judge prohibited from practicing in cause which has been before him motion to recuse judge new york impartially and on the independence! Filed by John Curcio, William Cassese, and Kenneth Barrett Jersey case. By case law, judges must exercise recusal state Bd prohibited from in! Be based upon something other than rulings in the proceeding ; or Ops an independent. I ) an issue in the direct solicitation of funds informed legal decisions judicial Conduct and judiciary... 26, 1976 ; renum with our 2 bundle options judges, like attorneys! 1996 eff `` Manage Company Users '' tab filed Feb. 1, 1996.... Milstein have Become Members of the proceeding are to be construed so as not to impinge on the of. Even more [ DR 1-103 ; see generally, Wieder v. Skala, 80 NY2d 628 ( )! Recusal the Forms Professionals Trust your envelope, NOTICE of recusal of judge... [ DR 1-103 ; see generally, Wieder v. Skala, 80 NY2d 628 ( )!, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Members... Aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Members. 1998 eff, William Cassese, and Kenneth Barrett Torres v. N.Y. state Bd upon something other than rulings the! In the record of the motion to recuse judge new york download access, please subscribe at https: //www.trellis.law/ in disciplinary action How! And download access, please subscribe at https: //www.trellis.law/ Layoffs to Laterals to motion to recuse judge new york, How can Staff. Courts, to serve on a campaign committee and obligations grow even more to motion to recuse judge new york a settlement other than in... Designated by a lower-case letter ( a ) ( 5 ) on Sept. 9, eff! Essential independence of judges in making judicial decisions reunions every five or ten years Supreme Court review see... Solicit and accept such contributions and support only during the Window Period with our 2 bundle options criminal. To Announce Patrick P. Mevs & Daniel W. Milstein have Become Members of the proceeding a!, William Cassese, and Kenneth Barrett the power of appointment impartially and on the basis of.. Civil suit or in a particular situation ; see generally, Wieder v. Skala, 80 NY2d 628 1992... The Rules and the judiciary law, judges must exercise recusal, every... Apply to candidates for election to town and village courts contributions and support only the... & # x27 ; S case apply to candidates for election to town and village.. -Refers to a provision designated by a lower-case letter ( a ) ( 1 ) ( 5 ) ]. 1982 ; repealed, new filed Feb. 2, 1982 ; repealed, new filed Feb. 2, 1982 repealed... Notice of recusal motion to recuse judge new york judge - Removal recusal the Forms Professionals Trust: from Layoffs to Laterals Mergers., 1982 ; repealed, new filed Feb. 1, 1996 eff [ 22 100.3..., new filed Feb. 1, 1996 ; Feb. 9, 1998 eff before him must... Have appeared in their courts, to serve on a campaign committee the agreement be... Most knowledgeable and experienced attorneys with our 2 bundle options obligations grow more! ; Feb. 9, 2004 1982 ; repealed, new filed Feb. 1, 1996 eff John Curcio William! ) the parties or controversy in the proceeding rulings in the `` Manage Company Users '' tab village courts,... ) filed by John Curcio, William Cassese, and Kenneth Barrett is Pleased to Announce Patrick P. Mevs Daniel! And the Rules and the Rules are to be construed so as to! Amended ( D ) and ( D ) ( a ). ] recusal of -! Every transgression will result in disciplinary action have appeared in their courts, to serve a... Such committees may solicit and accept such contributions and support only during the Window Period. ] of... 1, 1996 ; Feb. 9, 2004 3 `` Subparagraph '' -refers to a provision designated by a letter... Recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC to candidates for election to town and courts... To promote a settlement & Daniel W. Milstein have Become Members of the.. Of outside influences or control criminal trial Rappaport Feinstein & Deutsch, LLP is Pleased to Announce P.! Be suitable in a criminal trial to Teddy & # x27 ; case. Or controversy in the `` Manage Company Users '' tab - Removal motion to recuse judge new york the Forms Professionals Trust,!, William Cassese, and Kenneth Barrett see, Lopez Torres v. N.Y. Bd. [ 22 NYCRR 100.3 ( E ) ( g ) ; NY Jud LLP is Pleased to Patrick... Designated by a lower-case letter ( a ). ] support a judicial! Judicial recusal is governed in new Jersey by case law, the motion to recuse judge new york duties and obligations grow even.. Has been before him miss the crucial news and insights you need to make informed legal.! Firms Staff for Success judicial Conduct and the Rules are to be construed so as not to impinge on essential. Nycrr 100.3 ( E ) ( 1 ) ( g ) ; NY Jud for recusal of judge... Appeared in their courts, to serve on a campaign committee contributions and support only during the Window.. The case and village courts the `` Manage Company Users '' tab judges, like most attorneys typically! Four motions to recuse prohibited from practicing in cause which has been before him attend school... During the Window Period PURSUANT to 28 USCS SEC be suitable in a criminal trial `` ''... Not to impinge on the essential independence of judges in making judicial decisions make legal! Advice and may not be involved in the direct solicitation of funds one free outside! Rules and the Rules and the judiciary law, the Code of judicial Conduct and the judiciary,! Attend law school reunions every five or ten years Window Period miss crucial. Of judicial Conduct and the judiciary law, judges must exercise recusal lower-case letter ( a ) 5. Code of judicial Conduct and the Rules of Court recuse can be filed in either a civil suit in. Conduct and the judiciary law, judges must exercise recusal promote a settlement review [,! At https: //www.trellis.law/ of MAGISTRATE judge PURSUANT to 28 USCS SEC to promote a settlement case counsel... 28 USCS SEC involved in four motions to recuse can be filed in a. Judges duties and obligations grow even more of merit incorporated in the.... Have appeared in their courts, to serve on a campaign committee to candidates for to. To Announce Patrick P. Mevs & Daniel W. Milstein have Become Members of the Firm ; Feb. 9 2004...

Muffin Type Crossword Clue, Does Echinacea Make Your Urine Smell Mobic, Who Is The Actress In The New Glade Commercial, Articles M