MOTION for R ecusal., 9 MOTION for Conference. 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 . (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Plaintiff' s motions for recusal (ECF Nos. Op. Such committees may solicit and accept such contributions and support only during the Window Period. Op. 17. [NY Jud. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. 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. Jan. 1, 1996. 02-39; 90-175. (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. 06-13; 05-84.] ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. (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. Adv. 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. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. Op. This requirement shall not apply to candidates for election to town and village courts. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. This includes instances where the judge has a personal bias or prejudice concerning a party. Adv. 111.2, new added by renum. Your article was successfully shared with the contacts you provided. 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. Op. 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. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. Consult your attorney for legal advice. 2d at 297. The motions for recusal were denied and defense counsel next moved to be relieved alleging that the Court could not be fair to the defendant following the motion for recusal. A judge absolutely may not preside over cases where (1) the judge has a personal bias or prejudice concerning a party; (2) the judge served as a lawyer in the matter in controversy; (3) the judge has been a material witness concerning it; or (4) the judge knows that the judge or the judges spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person, is a party to the proceeding. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. (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 (F) Service as Arbitrator or Mediator. A judge shall not testify voluntarily as a character witness. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. Ops. Judge prohibited from practicing law in his court. 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]. (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. Op. 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. [NY Jud. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 111.6, new added by renum. 06-99 citing Opinions 89-74; 89-54.] 4 Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. (A) General Application. The text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. Ops. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. ET. [NY Jud. The provisions of this Part 100 are to be construed and applied to further that objective. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. 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. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). 89-107. We will see there is a certain degree of courage required to move to recuse the judge assigned to your case, but Cohen quotes Chief Judge Benjamin Cardozos statement, made in a different context: The timorous may stay at home. Murphy v. Steeplechase Amusement, 250 N.Y. 479 (1979). 2 The Justices of the Supreme Court are elected to 14-year . This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. (L) A "part-time judge", including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment. "Integrity" also includes a firm adherence to this Part or its standard of values. Prior to the present IAS system, the Master Calendar system was in effect. The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears before the judge. All Rights Reserved. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. 03-64; 97-129.] The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. "Subdivision"-refers to a provision designated by a capital letter (A). ), [N]o 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. (Jud. 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. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. Judge . Sec. . A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. Any payment in excess of such an amount is compensation. Adv. 26). 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