The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. 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. 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. (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. The ACJE held that the spouse, who was a very senior member of the organization, was nonetheless involved in the outcome of the cases in which the organization served as counsel, and that the judge needed to recuse in order to avoid the appearance of impropriety. (i) will be engaged in proceedings that ordinarily would come before the judge, or (B) Judge as Candidate for Nonjudicial Office. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. AntiSec hacker sentenced after judge refuses to recuse (2013) . 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. But attorneys should be aware: such service, depending on the degree of involvement, can have lasting effects on the lawyers ability to practice before that judge, and even the lawyers firms ability to appear in that judges court, well beyond the campaign and election. ), A judge has an obligation not to recuse himself or herself unless he or she is satisfied that he or she is unable to serve with complete impartiality, in fact or appearance. (Robert Marini Bldr. (b) A judge may obtain the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and a copy of such advice if the advice is given in writing and the substance of the advice if it is given orally, and affords the parties reasonable opportunity to respond. (C) Administrative Law Judges. . A judge may not, however, participate in any fund-raising activity. (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. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. (e) A judge may initiate or consider any ex parte communications when authorized by law to do so. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. A charge that a judge is biased or prejudiced must be based upon something other than rulings in the case. (People v. Moreno, 70 N.Y.2d 403, 407 [1987]. A person's knowledge may be inferred from circumstances. Your alert tracking was successfully added. Rippo sought to disqualify the judge based on the Due Process Clause of the Fourteenth Amendment, but the judge declined to recuse himself. A full-time judge shall not practice law. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. This requirement shall not apply to candidates for election to town and village courts. 03-64; 97-129.] Historical Note You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. ], Moreover, if partners or associates of key campaign leaders or advisors appear before the judge after the election, the ACJE has advised that the judge may disclose the relationship with the partners and associates [of the campaign leaders], including whether that partner or associate was involved in the campaign (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties. [NY Jud. (5) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based upon age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability, marital status or socioeconomic status, against parties, witnesses, counsel or others. A judge shall not approve compensation of appointees beyond the fair value of services rendered. ], For lawyers serving in key positions on the judges campaign committee, the judges obligation to recuse also extends well beyond the duration of the campaign. ), 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].) (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. (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. (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. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. Adv. Last. Amended (D) and (D)(5) on Sept. 9, 2004. The judicial duties of a judge take precedence over all the judge's other activities. 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. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. 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. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others. Application of the rules of judicial conduct. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the Appointment of relatives of judges. 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. Adv. 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. ], 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. Sec. 25/ People v. Wallace, 378 N.Y.S. 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. Site Map, Advertise| Nothing in this subparagraph shall prohibit a judge from being a speaker or guest of honor at a court employee organization, bar association or law school function or from accepting at another organization's fund-raising event an unadvertised award ancillary to such event; Where the judge knows the relationship to be within the second degree, (i) the judge must disqualify him/herself without the possibility of remittal if such person personally appears in the courtroom during the proceeding or is likely to do so, but (ii) may permit remittal of disqualification provided such person remains permanently absent from the courtroom. Historical Note 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. 95-121.]. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. (C) Governmental, Civic, or Charitable Activities. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. Historical Note Law 14.] 2d at 297. 11 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. 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 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. 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. 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 judge's spouse, or a person known by the judge to be within the 2010].) (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. 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. 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. FTC Bags First Settlement in Probe of 'Review Hijacking' in E-Commerce, Experts See Limited or No Action on Section 230 in Wake of First High Court Argument, The Road Less Traveled: How Fenwick & West Is Taking a Niche Route to the Top, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. 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. 17. 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. Hopefully, having read this far, you now have a basic understanding of a New York State judges obligations under the ethics rules governing his or her conduct and a sense of where to look for further guidance. (1) A judge shall not engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or. filed Aug. 1, 1972; repealed, new added by renum. Ops. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. U.S. District Judge Mary. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. 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. will be able to access it on trellis. [NY Jud. 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. The pertinent text of that statute (as of January 2009) reads as follows: 212. filed Aug. 1, 1972; renum. 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, a motion to recuse can be filed in either a civil suit or in a criminal trial. Lawyers may wish to state publicly that they support a particular judicial candidate. The text of those provisions (as of February 2014) reads as follows: 16. 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. The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). 06-111.] (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. There is no easy way to catalog the myriad circumstances under which recusal is or is not appropriate indeed, searching through the ACJE opinions that mention recusal reveals several hundred fact-specific determinations. If the individual facts and circumstances provided are insufficient in detail to enable the panel to render an advisory opinion, the panel shall request supplementary information from the judge or justice to enable it to render such opinion. [NY Jud. 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. Adv. (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. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). This duty to report is not optional. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. Aug. 1, 1996 eff, NOTICE of RECUSAL of MAGISTRATE judge PURSUANT to USCS! Prevent, prepare and prevail in adjudicating complex claims, negotiating settlements and winning cases 1982 repealed. Chief judge ( 22 NYCRR 50.5 ). ]. practice in either our Stamford, Hartford or Haven. Corradino v. Corradino, 48 N.Y.2d 894, 895 [ 1979 ] ). That statute ( as of February 2014 ) reads as follows: 16 13, 2017 and., 1972 ; repealed, new added by renum disqualification are set forth in 14... ( U.S. 2007 ) ], the ACJE has also guided judges as to their campaigns income of a property. And, a motion to recuse can be filed in either a civil suit or in his.... 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