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. (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. Op. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. Adv. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. "Subparagraph"-refers to a provision designated by a lower-case letter (a). a Hearing on the Motions filed on October 17, 2002. Law, 14.) Join New York Law Journal now! 03-64; 97-129.] 8 Judge prohibited from practicing in cause which has been before him. . Op. The enabling legislation associated with the creation of the Advisory Committee on Judicial Ethics is found in Article 7-A of the Judiciary Law. JUD. 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. Adv. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. 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 . 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. (H) "Member of the candidate's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. ], For lawyers serving in key positions on the judges campaign committee, the judges obligation to recuse also extends well beyond the duration of the campaign. In contrast, the ACJE advised that a judge may not teach a class of police officers who act as prosecutors of traffic cases, where the purpose of the class is to teach them how to successfully prosecute their cases. Ops. "Integrity" also includes a firm adherence to this Part or its standard of values. This requirement shall not apply to candidates for election to town and village courts. A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities. Op. Adv. The Justices of the Supreme Court are elected to 14-year . [22 NYCRR 100.3(F). February 22, 2023. The motion can be brought by either a prosecutor or a defense attorney. Added (R) - (V) on Feb. 14, 2006. [NY Jud. 4. (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. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. filed March 25, 1996 eff. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Your content views addon has successfully been added. 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. In sharing a couple of common examples below, I hope it will be clearer why judges must often decline opportunities, even if they could otherwise make meaningful and worthwhile contributions to causes. Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass. (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. [NY Jud. Adv. (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. 07-04.] This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. of Elections, 462 F.3d 161 (2d Cir. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. 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 . (i) an issue in the proceeding; or 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. Partner , Need help? (iii) has an interest that could be substantially affected by the proceeding; (e) The judge knows that the judge or the judges spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. United States Magistrate Judge . A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. Adv. Whatever an organizations purpose, a judge still may be involved in a secondary capacity: the judge may help organize events that involve fund-raising, but may not directly participate in the solicitation and collection of monies. Adv. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN 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. [Id., see also NY Jud. 02-39; 90-175. If you wish to keep the information in your envelope between pages, (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. A judge shall exercise the power of appointment impartially and on the basis of merit. MOTION to Stay. 03-110.]. Judge . A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. If 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 Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. In support of the Motion to Strike, they filed a factual affidavit (Dkt. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. Your article was successfully shared with the contacts you provided. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. 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).]. 100.0 Terminology These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. 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. The views expressed in this article are those of the author only and are not those of the Office of Court Administration or Unified Court System. A court should ordinarily decide a motion to recuse, which is a discretionary call . 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. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. (b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise: (i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities; As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. A judge also may not write or speak to a group of lawyers who represent a certain class of litigants (for example, only District Attorneys, or only plaintiffs lawyers) in a way that expresses a predisposition to decide cases a certain way or that gives partisan advice. (3) A judge shall not make unnecessary appointments. 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. R. A. P. 15 (a). 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. Op. Ops. In the performance of these duties, the following standards apply. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. [NY Jud. The motion shall be filed at or before the time for filing the moving party's brief. The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. . 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. For full print and download access, please subscribe at https://www.trellis.law/. Last. 97-129, quoting NY Jud. 100.1 A judge shall uphold the integrity and independence . (ii) is an officer, director or trustee of a party; 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 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. (C) Administrative Law Judges. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . [NY Jud. filed Aug. 1, 1972; repealed, new added by renum. Adv. Any payment in excess of such an amount is compensation. 2 March 21, 1996. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family. 33.6, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Historical Note 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. (4) A judge shall manage the judge's investments and other financial interests to minimize the number of cases in which the judge is disqualified. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. (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. Preamble (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. (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. (9) A judge shall not: Read this complete Code of Federal Regulations Title 28. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. [NY Jud. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. Both options are priced the same. The candi Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. Site Map, Advertise| Similarly, the ACJE has opined that a judge is not required to exercise recusal if a lawyer appearing before the judge did nothing more than volunteer to be listed among attorneys supporting the judges election campaign. Historical Note 33.4, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996; amds. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) [Id., citing 22 NYCRR 100.2. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. The ACJE held that the spouse, who was a very senior member of the organization, was nonetheless involved in the outcome of the cases in which the organization served as counsel, and that the judge needed to recuse in order to avoid the appearance of impropriety. Judges must conduct their outside lives as extensions of their judicial offices. Growing tension between the Chesterfield County Commonwealth's Attorney's Office and Circuit Judge Lynn Brice has led chief prosecutor Stacey Davenport to ask Brice to recuse herself from . 90-182. 25) and a memorandum of law (Dkt. An independent and honorable judiciary is indispensable to justice in our society. (K) "Nonpublic information" denotes information that, by law, is not available to the public. recusal when the motion has a proper basis. 06-111.] 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. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). (1) A judge shall be faithful to the law and maintain professional competence in it. The agreement shall be incorporated in the record of the proceeding. Does this mean that lawyers cannot support judicial candidates? Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of the Election Law; (3) personally soliciting funds in connection with a partisan political purpose, or personally selling tickets to or promoting a fund-raising activity of a political candidate, political party, or partisan political club; or. Plaintiff' s motions for recusal (ECF Nos. and amd. (C) Governmental, Civic, or Charitable Activities. A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part. 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. : Read this complete Code of judicial conduct and the Nevada Supreme Court review [ See, Lopez v.! 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