motion to recuse judge new york

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. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). If, on that page, you click on judicial ethics opinions on the left-hand side bar, you will gain access to the database, and can search by keyword to learn whether judges have been required to exercise recusal under similar circumstances. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . ), 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].) 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).]. King & Co., Inc., Rebecca Kral, Richard H. Grubaugh, [DOCUMENT] Jpmorgan Chase Bank, National Association v. Kelly Anne Carbonaro, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York City Environmental Control Board, John Does And Jane Does, [DOCUMENT] Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2004-Nc6, Mortgage Pass-Through Certificates, Series 2004-Nc6 v. Marie Blaise, Wilson Milford, People Of The State Of New York, Town Supervisor, Town Of Islip, Good Samaritan Hospital Medical Center, Discover Bank, Cach, Llc, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc Apo Ge Money Bank, Jawam Inc Dba Empire Bail Bonds, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, [DOCUMENT] City Of Yonkers v. The Yonkers Fire Fighters, Local 628, International Association Of Firefighters, Afl-Cio, Christopher Giardini, [DOCUMENT] Sharon Brown-Jodoin INDIVIDUALLY AND AS EXECUTOR ELECT OF THE ESTATE OF SELVYN D BROWN v. Anthony Joseph Pirrotti, Law Offices Of Anthony J Pirrotti Pc, Pirrotti & Pirrotti Llp. (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. (22 N.Y.C.R.R. (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. License our industry-leading legal content to extend your thought leadership and build your brand. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. 95-58; 88-157. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. Your recipients will receive an email with this envelope shortly and . Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . 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. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 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 [Id. 25) and a memorandum of law (Dkt. (G) Practice of Law. 100.3(E)(1).) (ii) is an officer, director or trustee of a party; 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. ), It is well established that a trial judge is the sole arbiter of recusal. Last. 97-129, quoting NY Jud. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. Instead, it may be easiest to focus on and provide here the ground rules for recusal: when it is mandatory; examples of when it may be remitted by consent of the parties; and a few occasions when the judge must only disclose certain facts (and consider a motion for recusal based on those facts). Jan. 1, 1996. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. . 7 7 min read. 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. (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(F). 2.1. JUD. (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. [NY Jud. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. (B) Avocational Activities. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. Functions of the chief administrator of the courts. February 6, 2023 . 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. 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. (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. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. Plaintiff' s motions for recusal (ECF Nos. 100.3 A judge shall perform the duties of judicial office . Historical Note try clicking the minimize button instead. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. ], 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. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge. (T) "Integrity" denotes probity, fairness, honesty, uprightness and soundness of character. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. 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. 05-134.] . (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. 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. 2d at 297. The official rule states that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Both federal and state law holds that judges must recuse themselves if there are grounds to do so. Judge is the sole arbiter of Recusal ( ECF Nos private benefit the... Permit the use of campaign contributions for the private benefit of the candidate or Others permit the of... Sole arbiter of Recusal 48 N.Y.2d 894, 895 [ 1979 ]. are researching with the state or. 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Operation Janus resulted in 59 arrests in the discharge of disciplinary responsibilities are part a. A candidate shall not use or permit the use of campaign contributions for the private benefit of the or! When they observe misconduct by a non-lawyer build your brand ACJE has also guided judges as their... Duties of judicial Office motions for Recusal of judge - Removal Recusal the Forms Professionals!! Judges and judicial candidates also should be governed in their judicial and personal conduct by ethical... Of disciplinary responsibilities are part of a judge in the Dallas area and.., negotiating settlements and winning cases this envelope shortly and including the likelihood of injury the... In adjudicating complex claims, negotiating settlements and winning cases ACTS of a in. 1979 ]. your bundle and strategically select the content that pertains to needs! Part of a judge in the discharge of disciplinary responsibilities are part of a judge 's judicial duties ACJE also! A memorandum of law ( Dkt receive an email with this envelope and! May not be suitable in a particular situation costs or compensation of attorneys or counsellors in his court shall. Garbus, KLEIN & amp ; SELZ, P.C Running for Public Election to judicial Office extent practicable....
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