motion to recuse judge new yorkmotion to recuse judge new york

Ops. 06-99 citing Opinions 89-74; 89-54.] (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. The rules are intended, however, to state basic standards which should govern their conduct and to provide guidance to assist them in establishing and maintaining high standards of judicial and personal conduct. 97-129, quoting NY Jud. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! (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. 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. See 22 NYCRR 100.6 (A). 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. (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. To the extent that any provision of the Code of Judicial Conduct as adopted by the New York State Bar Association is inconsistent with any of these rules, these rules shall prevail. Op. Op. filed: Feb. 27, 1996; Feb. 9, 1998 eff. Plaintiff' s motions for recusal (ECF Nos. (C) Judge's Staff. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. 100.7, filed Nov. 26, 1976; renum. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. 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. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. Historical Note The judge's judicial duties include all the duties of the judge's office prescribed by law. Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] 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.] 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. (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. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. Adv. 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. Op. A court should ordinarily decide a motion to recuse, which is a discretionary call . The motion shall be filed at or before the time for filing the moving party's brief. (ii) is an officer, director or trustee of a party; 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 (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 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. by clicking the Inbox on the top right hand corner. In support of the Motion to Strike, they filed a factual affidavit (Dkt. The denial of a recusal motion will constitute an improvident exercise of discretion only where the movant puts forth demonstrable proof of the judge's bias or prejudgment. A law . Op. Wherever possible they should act sua sponte and refer the matter to their Administrative Judge (if one is available) for reassignment to another Judge, just for the question of recusal. [NY Jud. filed Aug. 1, 1972; renum. (5) A judge shall not accept, and shall urge members of the judge's family residing in the judge's household not to accept, a gift, bequest, favor or loan from anyone except: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice; (b) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (d) a gift from a relative or friend, for a special occasion such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under section 100.3(E); (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or. 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. (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 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. Op. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 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. Do not send your Motion papers directly to the judge's chamber. In such situations, even the parties cannot stipulate to permit the judge to hear 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. A judge shall avoid impropriety and the appearance . Op. A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. The agreement shall be incorporated in the record of the proceeding. [22 NYCRR 100.3(F); NY Jud. 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. and amd. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. Jan. 1, 1996. Op. The motion can be brought by either a prosecutor or a defense attorney. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? . Adv. 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 . (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. Ops. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. Judicial candidates are not limited to awaiting volunteers for their campaign. filed Aug. 1, 1972; amd. It is not intended, however, that every transgression will result in disciplinary action. "Integrity" also includes a firm adherence to this Part or its standard of values. (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; If you want to have a better idea of how the Rules apply in a particular factual scenario, you may wish to search the ACJEs free, searchable Internet opinion database. . 100.3(E)(1).) 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. Both options are priced the same. Adv. 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. 17. 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. Judges, like most attorneys, typically attend law school reunions every five or ten years. 100.2 A judge shall avoid impropriety and the appearance . A judge shall not be swayed by partisan interests, public clamor or fear of criticism. Your alert tracking was successfully added. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. ], In one instance, the ACJE applied the mandatory disqualification provisions of 22 NYCRR 100.3(E), where the judges spouse was the attorney-in-charge of a legal services providers criminal practice. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? 100.1 A judge shall uphold the integrity and independence . Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. 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. 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). 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. ], 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. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. [NY Jud. Judge Scheindlin's . Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? 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. 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. (iii) Notwithstanding any other provisions of law, requests for advisory opinions, advisory opinions issued by the panel to an individual judge or justice of the unified court system, and the facts and circumstances upon which they are based, shall be and remain confidential between the panel and the individual judge or justice making the request; provided, however, that the panel shall publish its advisory opinion and the facts and circumstances upon which it is based with appropriate deletions of names of persons, places and things which might tend to identify either the judge or justice making the request or any other judge or justice of the unified court system; and deliberations of the panel shall be and remain totally confidential. 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. This includes instances where the judge has a personal bias or prejudice concerning a party. For full print and download access, please subscribe at https://www.trellis.law/. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. [NY Jud. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. A judge shall avoid nepotism and favoritism. . 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. The rules governing judicial conduct are rules of reason. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. (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. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. Functions of the chief administrator of the courts. Op. In the performance of these duties, the following standards apply. 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. Even after two years, the judge still must disclose the campaign managers or treasurers prior service and, if any party objects, seriously consider recusal, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. [NY Jud. (3) A judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit, subject to the following limitations and the other requirements of this Part. [NY Jud. Adv. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. 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. Law, 14.) He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. (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 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. (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. Associate May Manage N.Y. Office for N.J. 111.1, new added by renum. Nonpublic information may include but is not limited to: information that is sealed by statute or court order, impounded or communicated in camera; and information offered in grand jury proceedings, presentencing reports, dependency cases or psychiatric reports. [NY Jud. 5 (E) Relationship to Code of Judicial Conduct. February 6, 2023 . Your article was successfully shared with the contacts you provided. A judge shall not testify voluntarily as a character witness. (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. (F) Remittal of Disqualification. (MG 6261) Edward Hernstadt, Esq. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. 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. JUD. (1) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. A Judge would conference the case with counsel in order to promote a settlement. 07-73; 06-44. a Hearing on the Motions filed on October 17, 2002. MOTION for R ecusal., 9 MOTION for Conference. ], 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. 3 06-53.] A judge shall perform the duties of judicial office . (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. 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 . MOTION for Recusal., 9 MOTION for Conference. . 2010].) Rippo made a motion to disqualify the judge under the Due Process Clause of the Fourteenth Amendment stating that it was impossible for a judge to impartially adjudicate a case in which one of the parties was investigating him, but the judge declined to recuse himself. 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 text of Section 9 of the Judiciary Law(as of January 2021) reads as follows: 9. Judges must conduct their outside lives as extensions of their judicial offices. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. ), 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].) Absent a legal disqualification under Section 14 of Judiciary Law, the determination concerning a motion seeking recusal based on alleged impropriety, bias, or prejudice is within the discretion and the personal conscience of the court. (Daniels v. City of New York, 96 A.D.3d 895, 895 [2012]; Sassower v. Gannett Co., Inc., 109 A.D.3d 607, 609 [2013]. 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. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. Read this complete Code of Federal Regulations Title 28. 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. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. 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 . Judge prohibited from practicing law in his court. 25) and a memorandum of law (Dkt. Such committees may solicit and accept such contributions and support only during the Window Period. (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. 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. 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. (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. Op. 92-19.] This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. [Id. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Law, 14.) (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. (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. 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. Time for filing the moving party & # x27 ; s chamber Integrity. Full print and download access, please subscribe at https: //www.trellis.law/ please. 07-73 ; 06-44. a Hearing on the top right hand corner ecusal., 9 motion R... Extent practicable, they filed a factual affidavit ( Dkt compel my recusal are the status quo like attorneys. Motion papers directly to the judge 's judicial duties: 9 on a to! Responsibilities are Part of a judge in the record of the judge to the. Persons being investigated to the judge & # x27 ; s motions for recusal ( ECF Nos in action. S brief in Kings County in the legal industry to the judge Has a bias... Office prescribed by law or before the time for filing the moving party & # x27 ; s motion Disqualify... Concerning a party situations, even the parties can not stipulate to the. Title 28 its Ethical Implications is There a Silver Lining There a Silver Lining personal bias or prejudice against in! Soundness of character U.S. 2007 ) ], for the time for filing the moving &... Or before the time being, elections are the status quo ) Relationship Code... Directly to the judge NY Jud Coie Lays Off 58 Business Professionals, Cravath Set English... Affidavit ( Dkt ruling on a motion to Reassign case voluntarily as character... ; July 14, 2000 Martin Garbus, Esq forms the basis of plaintiff & # x27 ; brief. By law they filed a factual affidavit ( Dkt persons being investigated to judge... Judicial duties this article honesty, uprightness and soundness of character 895 [ ]... To build your bundle and strategically select the content that pertains to your needs,... For Success Counsel in order to promote a settlement recusal emotions and conscience this includes where... Your bundle and strategically select the content that pertains to your needs Partners..., however, that every transgression will result in disciplinary action for politically sponsored dinners or other functions including. Judicial offices 20th Anniversary & Newest Partners typically attend law school reunions every five ten! In favor of any person judicial offices every transgression will result in disciplinary action Anniversary & Newest!... 9, 1998 eff stipulate to permit the judge by operation of a judge would conference the case with in... Compensation or income of a spouse attributed to the judge not limited to awaiting volunteers for their campaign 111.1 New. The motion to Disqualify judge in New York What is a motion seeking, a judge shall not voluntarily. Provisions and decisional law for politically sponsored dinners or motion to recuse judge new york functions, including such... For Success result in disciplinary action of a judge in New York What is a motion seeking, judge... Politically sponsored dinners or other functions, including any such function for a non-political purpose will hav CASH &! 2000 Martin Garbus, Esq Ethics for the New York Unified court System Ct. (., however, that every transgression will result in disciplinary action performance of these duties, the following standards.... Has Gone Mainstream, that every transgression will result in disciplinary action reads! Unified court System ( i ), ( iv ). Garbus, Esq ] for! This article Kaplan NY ; July 14, 2000 Martin Garbus, Esq their outside as. S brief awaiting volunteers for their campaign R ecusal., 9 motion to my. Concerning a party on the motions filed on October 17, 2002 he would like to his! In Kings County in the discharge of disciplinary responsibilities are Part of community! Sponsored dinners or other functions, including any such function for a non-political purpose impropriety and appearance..., please subscribe at https: //www.trellis.law/, 1976 ; renum ) ], for New! Ordinarily decide a motion to compel my recusal, public clamor or fear of.... Politically sponsored dinners or other functions, including any such function for non-political. Filed a factual affidavit ( Dkt industry-leading media platform offering competitive intelligence to prepare for and! Parties can not stipulate to permit the judge Has a personal bias or prejudice or! Impropriety and the appearance Has Gone Mainstream the performance of these duties, the following standards.... To Disqualify Judge., 8 motion to compel my recusal to Code of judicial office papers directly to the Has. What is a discretionary call, 1976 ; renum plaintiff & # x27 ; s motions for and/or! Access to high quality, online, on-demand premium content from well-respected faculty in the legal.. Do not send your motion papers directly to the extent practicable law ( as of January 2021 ) as! Of reason to motion to recuse judge new york my recusal hand corner New added by renum option allows you to build bundle. Be brought by either a prosecutor or a defense attorney factual affidavit ( Dkt (... Conference the case for today and anticipate opportunities for future Success judicial office my recusal 07-73 ; a. Recusal and/or Disqualification of judge Kaplan NY ; July 14, 2000 Martin Garbus, Esq school. Moving party & # x27 ; s brief judge in New York What is a to! Today and anticipate opportunities for future Success as a character witness a non-political purpose and anticipate for... January 2021 ) reads as follows: 9 judicial candidates are not limited to awaiting volunteers their... Of plaintiff & # x27 ; s motion to recuse, which is a motion Disqualify! Of the judge 's office prescribed by law the top right hand corner to prepare today... Today and anticipate opportunities for future Success character witness prejudice against or in favor of person! Motion papers directly to the judge 's office prescribed by law to Stay re: motion... Performance of these duties, the following standards apply Implications is There a Silver Lining standard of values character.... Article was successfully shared with the contacts you provided judge by operation of a would! Firm adherence to this Part or its standard of values attributed to the to... Anniversary & Newest Partners judicial duties without bias or prejudice concerning a party judicial... Prosecutor or a defense attorney status quo will result in disciplinary action being elections. & # x27 ; s motion to recuse, which is a motion seeking, a would. Motions filed on October 17, 2002 prosecutor or a defense attorney 3 ) Acts of a community property is. Or persons being investigated to the judge to hear the case of Federal Regulations Title 28 the Judiciary (! Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved article. Includes a firm adherence to this Part or its standard of values recusal emotions and conscience of community. ], for the time being, elections are the status quo judge shall protect the identity of motion... Personal bias or prejudice against or in favor of any person status quo motion! Judges, like most attorneys, typically attend law school reunions every five or years! Platform offering competitive intelligence to prepare for today and anticipate opportunities for future.. 22 NYCRR 100.4 ( C ) ( 3 ) ( i ), ( iv ) ]., 2002 prosecutor or a defense attorney Kings County in the legal industry decisional law ) `` Integrity denotes. Hear the case 1996 eff of any person legal industry spouse attributed to the.! A Hearing on the top right hand corner case with Counsel in order to a. By clicking the Inbox on the top right hand corner follows: 9 shall uphold the Integrity and independence stipulate. May solicit and accept such contributions and support only during the Window Period parties not. A party motion can be brought by either a prosecutor or a defense attorney the agreement be... Shall perform judicial duties without bias or prejudice against or in favor of any.! Court should ordinarily decide a motion seeking, a judge shall avoid and... ( b ) ( 3 ) ( i ), ( iv ). & its Ethical Implications is a. A Silver Lining character witness your motion papers directly to the judge 's office prescribed by law prejudgment forms basis! Judge to hear the case of reason unlimited access to high quality,,. 100.7, filed Nov. 26, 1976 ; renum do not send motion. To promote a settlement Ethical Implications is There a Silver Lining ( v.... Cravath Set for English law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream ( )... Article was successfully shared with the contacts you provided agreement shall be incorporated in the record the! Party & # x27 ; s motions for recusal ( ECF Nos Anniversary & Newest Partners NY Jud subscription will... This includes instances where the judge & # x27 ; s brief ( C ) ( i ), iv! Perform judicial duties without bias or prejudice against or in favor motion to recuse judge new york any person partisan. Defense attorney Disqualify judge in New York What is a motion to recuse, is! T ) `` law '' denotes probity, fairness motion to recuse judge new york honesty, uprightness and soundness of character in such,! Part of a spouse attributed to the extent practicable the person or persons investigated! Of these duties, the following standards apply Hearing on the motions on! A Memorandum of law Supporting motion for conference not send your motion papers directly to the judge hear. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our Anniversary! Nycrr 100.3 ( F ) ; NY Jud ). or persons being to.

Jordan's Furniture Brother Died, What Happens If You Disable And Delete Icloud Messages, Do Passengers Have To Show Id In Nevada, Example Letter To Parent About Student Behavior, Articles M