2d 971 [1998]. [NY Jud. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Judges, like most attorneys, typically attend law school reunions every five or ten years. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. The pertinent text of that statute (as of January 2009) reads as follows: 212. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. "Integrity" also includes a firm adherence to this Part or its standard of values. R. A. P. 15 (a). Ops. 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. (C) Governmental, Civic, or Charitable Activities. 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 (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cooperate with other judges and court officials in the administration of court business. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Dated: Brooklyn, New York . A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions. Adv. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. Sec. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. 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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Added (R) - (V) on Feb. 14, 2006. Judicial candidates are not limited to awaiting volunteers for their campaign. Intro to Cloud Computing & Its Ethical Implications Is There a Silver Lining? The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. 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. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] 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. 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. (C) Judge's Staff. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. 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) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. Back to Teddy's Case. "Subdivision"-refers to a provision designated by a capital letter (A). A judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the following political activity: (1) holding an elective office in a political organization, except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee; (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan political activity including, but not limited to, the purchasing of tickets to political functions, except that this $500 limitation shall not apply to an appointee's contributions to his or her own campaign. The rules prescribing that a judge "require" certain conduct of others, like all of the rules in this Part, are rules of reason. Ops. They can, but doing so can raise ethics issues during and after the campaign season. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system. and amd. and amd. (Id. Adv. This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. Plaintiff' s motions for recusal (ECF Nos. Judges must conduct their outside lives as extensions of their judicial offices. (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. Prohibited political activity shall include: (a) acting as a leader or holding an office in a political organization; (b) except as provided in Section 100.5(A)(3), being a member of a political organization other than enrollment and membership in a political party; (c) engaging in any partisan political activity, provided that nothing in this section shall prohibit a judge or candidate from participating in his or her own campaign for elective judicial office or shall restrict a non-judge holder of public office in the exercise of the functions of that office; (d) participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization; (e) publicly endorsing or publicly opposing (other than by running against) another candidate for public office; (f) making speeches on behalf of a political organization or another candidate; (h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate; or. Op. 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. 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. This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. 25) and a memorandum of law (Dkt. The defendants in the ongoing federal drug adulteration and misbranding case have filed a letter motion asking the presiding judge in the case to recuse herself. This provision is the sole statutory authority in New York for disqualification of a judge. (Johnson v. Hornblass, 461 N.Y.S.2d 277, 279 [1st Dept. [J]udges should not wait until litigants are forced into a position of either making the motion or abandoning the best interests of the client. 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 Justices of the Supreme Court are elected to 14-year . (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. Terms of Service. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. 100.1 A judge shall uphold the integrity and independence . (B) Avocational Activities. (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. 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. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . (F) Service as Arbitrator or Mediator. (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. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. Adv. (A) General Application. try clicking the minimize button instead. Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. They are not designed or intended as a basis for civil liability or criminal prosecution. Adv. 2d at 297. 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. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. 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