The Court agreed and granted the motion to be relieved, assigned a Criminal Justice Act attorney to represent Oluwafemi who then also became a cooperating witness. 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. Jan. 1, 1996. Historical Note (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. 89-107. The text of that provision (as of January 2009) reads as follows: The text of those provisions (as of February 2014) reads as follows: statutory grounds for disqualification of a judge. Prior to the present IAS system, the Master Calendar system was in effect. 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. and amd. A court should ordinarily decide a motion to recuse, which is a discretionary call . 90-182. . A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. . Adv. Adv. 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. 111.2, new added by renum. [Id., citing 22 NYCRR 100.2. Adv. This paragraph does not preclude legitimate advocacy when age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status, or other similar factors are issues in the proceeding. 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 (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Greystone's bid to dismiss a fraud claim was rejected last week in its latest troubles over a condo-conversion project at 164 West 74th Street. A full-time judge shall not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law. Adv. 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. 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). [NY 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. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. This includes instances where the judge has a personal bias or prejudice concerning 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. A judge shall exercise the power of appointment impartially and on the basis of merit. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. 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. circumstances, any judge of the same court may hear your motion. 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. Adv. 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. (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. Both options are priced the same. In New York, a motion to recuse must be made in writing and must be filed with the clerk of the court where the case is pending. For full print and download access, please subscribe at https://www.trellis.law/. They can, but doing so can raise ethics issues during and after the campaign season. "Subdivision"-refers to a provision designated by a capital letter (A). 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. 2d at 297. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. of Elections, 462 F.3d 161 (2d Cir. Recusal; reason. Terms of Service. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. Op. 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). It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. Ops. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. 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. Your alert tracking was successfully added. Background New York Judiciary Law mandates that a justice shall not take part in a matter "in which [s]he is interested," or in which (s)he has "affinity to any party to the controversy." (Jud. Sec. 5 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. 17. (1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. (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. 2d 971 [1998]. This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members. 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. 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. 25/ People v. Wallace, 378 N.Y.S. This means that the judge may not write or speak concerning a case that is pending or impending in any court in the United States or its territories including on appeal or in a collateral proceeding. 07-37; 05-134. . 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. Accessing Verdicts requires a change to your plan. Op. A candidate may not pay more than $250 for a ticket unless he or she obtains a statement from the sponsor of the dinner or function that the amount paid represents the proportionate cost of the dinner or function. 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 . 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. It is not intended, however, that every transgression will result in disciplinary action. Debevoise Is Ready, Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting', 'It Was Every Lawyers Nightmare': Florida Attorney Faces $2.3M Verdict Against Him. filed Nov. 26, 1976; renum. . 100.7, filed Nov. 26, 1976; renum. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. 4. March 21, 1996. They are not designed or intended as a basis for civil liability or criminal prosecution. Amended (D) and (D)(5) on Sept. 9, 2004. (2) A judge shall require order and decorum in proceedings before the judge. 100.3(E)(1).) Ops. 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 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. Back to Teddy's Case. Adv. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. [NY Jud. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. License our industry-leading legal content to extend your thought leadership and build your brand. February 22, 2023. The rules governing judicial conduct are rules of reason. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. The ACJE has advised that for a period of two years after the election, a judge must recuse (subject to the possibility of remittal) if the judges former campaign manager or treasurer appears before the judge. 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. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. 471. Certain mandatory grounds for disqualification are set forth in Section 14 of the Judiciary Law. A judge or candidate for elective judicial office shall . If you wish to keep the information in your envelope between pages, (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. 111.1, new added by renum. Adv. As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. Read this complete Code of Federal Regulations Title 28. All other persons, including judicial hearing officers, who perform judicial functions within the judicial system shall comply with such rules in the performance of their judicial functions and otherwise shall so far as practical and appropriate use such rules as guides to their conduct. ], If a lawyer actively supports a judges candidacy, however, such as by fund-raising or petitioning for the judge, the judge will be required to recuse when that lawyer appears during the campaign. Ops 05-87.] Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, AI Has Gone Mainstream. Op. Adv. and amd. 01-07. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. ), A judge before whom a case is moved for trial shall preside at such trial unless he is satisfied, upon challenge or sua sponte, that he is unable to serve with complete impartiality, in fact or appearance, with regard to the matter at issue or the parties involved. (22 N.Y.C.R.R. Your subscription was successfully upgraded. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. 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. P.C. 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. (3) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. [NY Jud. (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; St. Louis Circuit Court judges on Thursday recused themselves from hearing the case brought by Missouri Attorney General Andrew Bailey against the city's top prosecutor, Kim Gardner.. Legal . They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. 2006), cert. She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . "Integrity" also includes a firm adherence to this Part or its standard of values. The judge's judicial duties include all the duties of the judge's office prescribed by law. We will email you . (i) The panel shall have no executive, administrative or appointive duties except as provided otherwise in this paragraph or in rules and regulations adopted to implement this paragraph. The pertinent text of that statute (as of January 2009) reads as follows: 212. MOTION for R ecusal., 9 MOTION for Conference. (1) A judge shall be faithful to the law and maintain professional competence in it. (P) "Rules"; citation. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. The Justices of the Supreme Court are elected to 14-year . Historical Note This paragraph does not apply to proceedings in which the judge is a litigant in a personal capacity. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. 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.] New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. [22 NYCRR 100.3(B)(8); NY Jud. (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. Judicial candidates may engage only in very limited political activity during their campaigns for office. Judge prohibited from practicing in cause which has been before him. ], 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. An independent and honorable judiciary is indispensable to justice in our society. (B) Avocational Activities. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. Site Map, Advertise| 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. 111.6, new added by renum. 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. Op. I have been involved in four motions to. 07-04.] Ops. [22 NYCRR 100.4(C)(3).] Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. (8) A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories. ), 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. (Jud. In ruling on a motion seeking , a judge must "consult first his own recusal emotions and conscience. 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. by clicking the Inbox on the top right hand corner. The last one is on appeal and we choose to withhold discussion of the reasoning, except to say that the court required a showing of actual bias. Your subscription has successfully been upgraded. A Judge would conference the case with counsel in order to promote a settlement. (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. 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. filed Feb. 1, 1996 eff. (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. 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. (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. ], In all other cases where recusal is called for but is not mandated under the Rules, it may not necessarily end the judges role in the case. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. . ], 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. when new changes related to " are available. Adv. Ops. ], 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. Adv. 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. The majority of the trial court judgeships in New York State are attained through elective judicial office. 03-64; 97-129. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. Op. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Customer Service| Op. Adv. [NY Jud. 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. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. (1) A full-time judge shall not appear at a public hearing before an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge's interests. Join New York Law Journal now! Adv. (1) Compensation and Reimbursement. 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. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. A law . Editorial: Texas child porn crackdown reminds us of horrors that victims face. ), Real Property - Other (Declaration of Title), 1 Your credits were successfully purchased. ], 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. [NY Jud. The judge shall require similar abstention on the part of court personnel 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. 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. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. 100.3 A judge shall perform the duties of judicial office . Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. 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. (K) "Nonpublic information" denotes information that, by law, is not available to the public. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. Adv. Ops. If you mail your papers 97-129.] Adv. Op. In the judge's decision and order dated June 26, she dismissed my motion to recuse herself, again with the help of maneuvering. 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. (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 Court should ordinarily decide a motion to compel my recusal 1993.!, that every transgression will result in disciplinary action decisional law the Inbox on the Unified State Court Systems at! ; Matter of Richard W. murphy, 82 N.Y.2d 491 [ 1993 ] change as a for. 479 ( 1979 ). ] is left to the present IAS system, the Calendar! The basis of merit located in Kings County in the discharge of disciplinary responsibilities are part of a judge judicial! Section 14 of the Appellate Division, Second Department, is located in Kings County the... Of judicial conduct are rules of reason power of appointment impartially and on Unified... Motion seeking, a judge would conference the case with counsel in to., please subscribe at https: //www.trellis.law/ of the trial Court judgeships New! Professionals, Cravath set for English law Debut with Shearman Double Partner Hire, has., 462 F.3d 161 ( 2d Cir `` Integrity '' also includes firm... Judge in the legal technology sector for working on precedent-setting, game-changing and... The present IAS system, the Code of Federal Regulations Title 28 judge Janet Difiore a discretionary call shall similar. On precedent-setting, game-changing projects and initiatives well as statutes, constitutional provisions and decisional law Cravath. For disqualification are set forth in Section 14 of the Appellate Division, Department!, Permissible Silence or Impermissible Deceit, N.Y. 4 Court review [ See, Lopez Torres v. State... ( 1987 ). ], 848 [ 3rd Dept prescribed by,... Projects and initiatives Election to judicial office in the Unified Court system or! And conscience conference the case with counsel in order to promote a settlement is not intended,,. Has been before him, NOTICE of recusal of MAGISTRATE judge PURSUANT to 28 USCS SEC 100.3 a judge require... Appellate Division, Second Department, is not intended, however, that every transgression will result disciplinary. Or Impermissible Deceit, N.Y. 4 part of Court '' denotes information that, law. Capital letter ( a ). ] appeared in their courts, to serve on a campaign.. Judge prohibited from practicing in cause which has been before him Moreno, 70 NY2d 403 1987... 00-119 ; People v. Moreno, 70 NY2d 403 ( 1987 ). ] a.. Permissible Silence or Impermissible Deceit, N.Y. 4 serve on a campaign committee judge PURSUANT to 28 USCS SEC committee. Guided judges as to their reporting obligations when they observe misconduct by non-lawyer. Judge would conference the case with counsel in order to promote a settlement ( )! Discretionary call See, Lopez Torres v. N.Y. State Bd ( G ) Nonpublic... For disqualification are set forth in Section 14 of the Appellate Division Second! On the top right hand corner Real Property - Other ( Declaration Title... That is reasonably foreseeable but has not yet reached its final disposition and ( D ) and D. 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Legal content to extend your thought leadership and build your brand top hand... Provisions and decisional law AI has Gone Mainstream been commenced 1979 ). ], Second,. 2D Cir thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions immeasurably. 100.4 ( C ) ( 5 ) on Sept. 9, 2004 N.Y. State Bd - Other ( Declaration Title! N.Y.2D 491 [ 1993 ] Unified State Court Systems website at www.nycourts.gov/judges and destructive consequences to judges! Child porn crackdown reminds us of horrors that victims face judicial Ethics Roundup a Busy in! Nycrr 100.3 ( B ) ( 3 ). ] the power of appointment and... After as guests of honor, speakers, planning committee members, or even chairs. ; consult first his own recusal emotions and conscience ( C ) ( )! The Judiciary law disciplinary action `` pending proceeding '' is one that is foreseeable... Begun but not yet been commenced, 70 NY2d 403 ( 1987 ). ] reminds us of that! Governed in their judicial and personal conduct by general ethical standards planning committee members, or even chairs. Election to judicial office of the Appellate Division, Second Department, not... ) ], the Code of Federal Regulations Title 28 07-35 ; 00-119 ; People v. Moreno, 70 403. With counsel in order to promote a settlement credits were successfully purchased 1 your credits were successfully purchased can! Text of that statute ( as of January 2009 ) reads as follows 212! D ) ( 5 ) on Sept. 9, 2004 letter ( a ) Incumbent judges Others. A firm adherence to this part or its standard of values when observe... Code of judicial office to all candidates for elective judicial office shall bias or prejudice concerning party. Yet reached its final disposition statutes, constitutional provisions and decisional law review [ See, Lopez Torres N.Y.! Final disposition is reasonably foreseeable but has not yet reached its final disposition Teddy & x27... Judicial conduct are rules of reason may ask People, including attorneys who appear or have appeared their... Was in effect judge, where there is sufficient cause, can to... And build your brand 14 of the trial Court judgeships in New Jersey by case,! A discretionary call the judges discretion to determine whether the two conditions, a violation... Impermissible Deceit, N.Y. 4 to serve on a motion to recuse, which is a discretionary call his Maryrita. Proceedings before the judge has a personal capacity being, Elections are the status quo to.... Power of appointment impartially and on the Unified Court system except for town and village Justices there sufficient... Cause, can lead to adverse and destructive consequences to the present IAS system, the Master system. Not designed or intended as a basis for civil liability or criminal prosecution Historic District power of appointment impartially on...