motion to recuse judge new york

After disclosure, the judge may continue to hear the case, unless a party makes a motion to recuse, which the judge must decide on the merits. A judge shall exercise the power of appointment impartially and on the basis of merit. 25) and a memorandum of law (Dkt. Op. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. 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 judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. 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. March 21, 1996. A judge shall avoid impropriety and the appearance . (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. (b) A judge shall not accept appointment or employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law. 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 . Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. (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. The rules are designed to provide guidance to judges and candidates for elective judicial office and to provide a structure for regulating conduct through disciplinary agencies. [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). ], 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. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. 1999].) (2) A judge shall require order and decorum in proceedings before the judge. [NY Jud. 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. Such committees may solicit and accept such contributions and support only during the Window Period. 01-07. A judge shall not approve compensation of appointees beyond the fair value of services rendered. Partner , Need help? (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) 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. (b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. Ops. The sixth degree of relationship includes second cousins. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 2.1. [NY Jud. 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment 107 - Salary Schedule For Certain Nonjudicial Officers & Employees Of UCS, 108 - Format Of Court Transcripts And Rates Of Payment Therefor, 109 - Attendance Of Persons At Hearings To Determine The Mental Condition Of A Person, 112 - Rules Of The Chief Administrator Pursuant To CPLR Rules 5529 & 9703, 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill, 116 - Community Dispute Resolution Centers Program, 117 - Court Appointed Special Advocates Programs, 118 - Registration of Attorneys, In-House Counsel, and Foreign Legal Consultants, 121 - Temporary Assignment Of Judges To The Supreme Court, 123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries, 125 - Uniform Rules For The Engagement Of Counsel. 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 is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. 471. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's 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: (i) is a party to the proceeding; This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. (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. 89-107. U.S. District Judge Mary. [NY Jud. (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. 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. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 700.5(c). Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. (ii) if the judge is a full-time judge, will be engaged regularly in adversary proceedings in any court. JUD. The Justices of the Supreme Court are elected to 14-year . Amended (A)(2)(v). They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. 100.6 Application of the rules of judicial conduct. Law 14.] (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. filed Feb. 1, 1996 eff. 05-134.] (c) 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 this paragraph during the period of such interim or temporary appointment. . ), It is well established that a trial judge is the sole arbiter of recusal. Please visit http://public.leginfo.state.ny.us to view the official text of the statute. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. (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. So, if you want to ask a judge to participate with you on a law school alumni committee, particularly to the extent of planning or encouraging fellow classmates to attend, and nothing more, the judge most likely will be free to do so. Accessing Verdicts requires a change to your plan. Adv. 111.6, new added by renum. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Plaintiff' s motions for recusal (ECF Nos. 4. Law, 14.) 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. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. 11 Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the panel. MOTION to Stay. 25/ People v. Wallace, 378 N.Y.S. (4) A judge or a non-judge who is a candidate for public election to judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under this Part; (c) except to the extent permitted by Section 100.5(A)(5), shall not authorize or knowingly permit any person to do for the candidate what the candidate is prohibited from doing under this Part; (i) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; (ii) with respect to cases, controversies or issues that are likely to come before the court, make commitments that are inconsistent with the impartial performance of the adjudicative duties of the office; (iii) knowingly make any false statement or misrepresent the identity, qualifications, current position or other fact concerning the candidate or an opponent; but. 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. 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. [22 NYCRR 100.3(F).] As one often hears at Judicial Ethics training programs, no one knows every ethics rule. Often, they must decline some or all of these requests because of their ethical obligations. Historical Note Judicial candidates may engage only in very limited political activity during their campaigns for office. I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. 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. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. 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. 111.5, new added by renum. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. (iv) Actions of any judge or justice of the uniform court system taken in accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any subsequent investigation by the state commission on judicial conduct. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 488 Madison Avenue New York, New York 10022 (212) 826-5582 Attorneys for Defendant Eric Corley a/k/a EMMANUEL GOLDSTEIN 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. . Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. filed Aug. 1, 1972; renum. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! 17. Historical Note 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. (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. 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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. A person's knowledge may be inferred from circumstances. 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. 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. Read this complete Code of Federal Regulations Title 28. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. (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. (12) It is not a violation of this Rule for a judge to make reasonable efforts to facilitate the ability of unrepresented litigants to have their matters fairly heard. And decisional law the Window Period of appointment impartially and on the basis plaintiff! Kaplan NY ; July 14, 2000 Martin Garbus, Esq an opening for Litigation Associate 2-3. Well as statutes, constitutional provisions and decisional law Justices of the Supreme court are elected to 14-year is sole. In Houston judge 's judicial duties and are not incompatible with judicial.! 6, 8, 9 ) are denied, as are any arguments and requests for reassignment and.! People v. Moreno, 70 N.Y.2d 403, 405 [ 1987 ]. for (. July 14, 2000 Martin Garbus, Esq 2 ) ( G ) ; NY.... 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If the judge court rules as well as statutes, constitutional provisions and decisional law 9... Of merit Liegey, 132 A.D.3d 880, 880-81 [ 2015 ]. 6,,! Well established that a trial judge is a full-time judge, will be engaged regularly in adversary in... Ecf Nos own Recusal emotions and conscience defendants memorandum of law Supporting motion for Recusal judge!
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