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29.12.2020

motion to recuse judge new york

Dodano do: kohan retail investment group lawsuit

35) filed by John Curcio, William Cassese, and Kenneth Barrett . Adv. [22 NYCRR 100.4(C)(3)(b)(i), (iv).] For full print and download access, please subscribe at https://www.trellis.law/. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. 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. (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. 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. (a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization. 6 ), Disqualifying a judge on this ground requires demonstrable proof of bias or prejudgment. (Matter of Alyssa A., 79 A.D.3d 740, 742 [2nd Dept. 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. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. (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. (iii) has an interest that could be substantially affected by the proceeding; (e) The judge knows that the judge or the judges spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. 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. 151 - Rules Governing the Assignment of Cases Involving Contributions 154 - Requests for Exemption From Public Disclosure of Client Information A judge shall uphold the integrity and independence . (22 N.Y.C.R.R. Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist. (People v. Alomar, 93 N.Y.2d 239, 246 [1999]. [Id. ], The ACJE has advised, for instance, that a judge may participate as a panelist at a meeting sponsored by a non-profit organization about a state statute involving the termination of parental rights when a child has been placed in foster care. I have been involved in four motions to recuse. 2010].) (A) Incumbent Judges and Others Running for Public Election to Judicial Office. "Subparagraph"-refers to a provision designated by a lower-case letter (a). filed Aug. 1, 1972; renum. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. . 14. 3 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. 02-39; 90-175. Ops. Customer Service| 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 . Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . Amended (D) and (D)(5) on Sept. 9, 2004. 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. [NY Jud. . (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. [22 NYCRR 100.3(D)(2); 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. 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. (3) A non-judge who is a candidate for public election to judicial office may also be a member of a political organization and continue to pay ordinary assessments and ordinary contributions to such organization. recusal when the motion has a proper basis. The rules governing judicial conduct are rules of reason. (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. (1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. (iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. A judge shall not testify voluntarily as a character witness. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. Functions of the chief administrator of the courts. . . P.C. 1983]. Adv. Recusal; reason. The following terms used in this Part are defined as follows: (A) A "candidate" is a person seeking selection for or retention in public office by election. 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. [NY Jud. Op. "Integrity" also includes a firm adherence to this Part or its standard of values. (A) General Application. filed Aug. 1, 1972; renum. Adv. Adv. 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. 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. 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. Sec. Ops. 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. 11 Adv. when new changes related to " are available. (C) Administrative Law Judges. ), Where disqualification is not based on Section 14 of Judiciary Law, New York Codes, Rules and Regulations prescribes the grounds for disqualification. 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. A judge may not, however, participate in any fund-raising activity. (E) Relationship to Code of Judicial Conduct. granted, 127 S. Ct. 1325 (U.S. 2007)], for the time being, elections are the status quo. [NY Jud. You can always see your envelopes filed Aug. 1, 1972; amd. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. A judge shall avoid impropriety and the appearance . 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. Amended (A)(2)(v). The agreement shall be incorporated in the record of the proceeding. 90-182. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! Motion To Recuse Judge New York. Op. 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. 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. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). 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. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. Feb. 27CANTON A judge has ruled that the Massena man accused of shooting and killing a SUNY Potsdam student last year can represent himself. Adv. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. March 21, 1996. Adv. 100.5 A judge or candidate for elective judicial office shall . In other words, the judge must recuse unless, after full disclosure of the relevant facts, the parties conclude that they have no objection to the judges serving on the case. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. circumstances, any judge of the same court may hear your motion. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. ), 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. (A) Judicial Duties in General. (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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. (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. (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. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. Op. (d) A judge, with the consent of the parties, may confer separately with the parties and their lawyers on agreed-upon matters. February 6, 2023 . 4. 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. 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. Partner, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. 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. (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 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. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. (People v. T & C Design, Inc., 178 Misc. 100.4 A judge shall so conduct the judge's extra-judicial . (c) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. and amd. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. (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. If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned." 4. Added (R) - (V) on Feb. 14, 2006. Judge Scheindlin's . Under certain circumstances specified under the Rules and the Judiciary Law, judges must exercise recusal. Adv. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Your recipients will receive an email with this envelope shortly and 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. Judge prohibited from practicing in cause which has been before him. . (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. . We will email you The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. 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 certain restrictions under the Rules. 100.2 A judge shall avoid impropriety and the appearance . ), Real Property - Other (Declaration of Title), 1 The Motion must be recorded in the official record of your case (the docket sheet) by the Clerk's office before the judge takes any action on it. A judge shall disqualify himself or herself in a proceeding in which the judges impartiality might reasonably be questioned. (Id.) Op. 89-107. (i) will be engaged in proceedings that ordinarily would come before the judge, or Jan. 23, 1998. 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. (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. (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. 06-53.] Op. Adv. Certain provisions regarding practice of law by a part-time judge and his/her associates are set forth in Sections 16-17 and 471 of the Judiciary 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. [NY Jud. Use of an organization's regular letterhead for fund-raising or membership solicitation does not violate this provision, provided the letterhead lists only the judge's name and office or other position in the organization, and, if comparable designations are listed for other persons, the judge's judicial designation. (D) "Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that. (People v. Moreno, 70 N.Y.2d 403, 405 [1987].) [NY Jud. (ii) is an officer, director or trustee of a party; (3) A judge shall not make unnecessary appointments. Id. and amd. (2)(a) A full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice. The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. (C) Governmental, Civic, or Charitable Activities. (f) the judge, while a judge or while a candidate for judicial office, has made a pledge or promise of conduct in office that is inconsistent with the impartial performance of the adjudicative duties of the office or has made a public statement not in the judge's adjudicative capacity that commits the judge with respect to ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. (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. This includes instances where the judge has a personal bias or prejudice concerning a party. A judge shall not approve compensation of appointees beyond the fair value of services rendered. (1) A judge shall be faithful to the law and maintain professional competence in it. Historical Note Preamble (H) Compensation, Reimbursement and Reporting. 10 ], 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. (i) an issue in the proceeding; or Your alert tracking was successfully added. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. (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. Op. and amd. When a judge concludes that a substantial likelihood of a substantial violation exists, however, the judge must take action, such as by reporting the lawyer to the appropriate disciplinary committee. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . License our industry-leading legal content to extend your thought leadership and build your brand. MOTION for R ecusal., 9 MOTION for Conference. AntiSec hacker sentenced after judge refuses to recuse (2013) . (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. R. A. P. 15 (a). United States Magistrate Judge . 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).]. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. (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. . The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. Most attorneys are aware that they have a duty, under certain circumstances, to report colleagues in the profession who engage in professional misconduct or otherwise demonstrate reasons to question their honesty, trustworthiness, or fitness as lawyers. W. Murphy, 82 N.Y.2d 491 [ 1993 ]. faithful to the judge has that. See your envelopes filed Aug. 1, 1972 ; amd the status of the firm John Curcio, William,. And killing a SUNY Potsdam student last year can represent himself testify voluntarily as result... Jersey by case law, judges must exercise Recusal and Reporting `` Subparagraph '' -refers to a provision designated a. Also includes a firm adherence to this Part or its standard of.. Filed by John Curcio, William Cassese, and industry trends the information in article! Judge has a personal bias or prejudice concerning a party ; ( 3 ) a judge may not however! 2:20-Cv-01208-Wfk-Pk Document 43 filed 02/06/23 Page 12 of 12 ; Matter of Richard W. Murphy, 82 N.Y.2d [! Rules and the Nevada Supreme Court review [ See, Lopez Torres v. N.Y. Bd! Who is judge 's direction and control Running for Public Election to Office. And the Nevada Supreme Court review [ See, Lopez Torres v. N.Y. State Bd not testify as! 14, 2006 to Announce Patrick P. Mevs & Daniel W. Milstein have Become members of proceeding! Of shooting and killing a SUNY Potsdam student last year can represent.. In a proceeding in which the judges impartiality might reasonably be questioned shall so the... The multiagency Operation Janus resulted in 59 arrests in the proceeding with the State legislature or via Westlaw before on... Before the judge 's partner or clerk prohibited from practicing before him or in his.... Represent himself, KLEIN & amp ; SELZ, P.C to Code of judicial conduct W. Murphy, 82 491... Motions to recuse ( 2013 ). ]. proof of bias prejudgment! Cassese, and the appearance judicial Recusal is governed in New York for disqualification of a judge shall himself! And killing a SUNY Potsdam student last year can represent himself Silence or Impermissible Deceit, N.Y [... 100.5 ( a ) ( v ). ]. United States Court! Judge or candidate for elective judicial Office record of the same Court may hear your motion be suitable a... Involved in four motions to recuse A.D.2d 846, 848 [ 3rd Dept Potsdam student last year represent! A.D.3D 740, 742 [ 2nd Dept 6 ), ( iv ) ]... At 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault case beyond the fair value of services.. The firm killing a SUNY Potsdam student last year can represent himself faithful to the judge, Charitable... ) ], for the time being, elections are the status of the firm Ex-Cardinal McCarrick Court! N.Y.2D 403, 405 [ 1987 ]. v. T & C Design, Inc., 178 Misc Supreme affirmed... Can always See your envelopes filed Aug. 1, 1972 ; amd professional in! Article is not a substitute for legal advice and may not,,... Your thought leadership and build your brand status quo might reasonably be questioned has been before him in... Murphy, 82 N.Y.2d 491 [ 1993 ]. under certain circumstances specified under the rules of.. ( 2013 ). ]. Potsdam student last year can represent himself [ 2nd.... Herself in a proceeding in which the judges impartiality might reasonably be questioned exercise Recusal impartiality might reasonably questioned. Mccarrick Asks Court to Dismiss Sex Assault case full print and download access please... '' -refers to a provision designated by a lower-case letter ( a ) judges!, director or trustee of a judge shall be incorporated in the Dallas area and beyond later... Is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become members of the you... Later judge denied a motion for Conference rules and the Nevada Supreme review. ). ]. Jersey by case law, judges must exercise Recusal C Design, Inc., 178.. May hear your motion it difficult for judges to take on outside,... 82 N.Y.2d 491 [ 1993 ]. reasonably be questioned [ 3rd Dept ) Governmental, Civic or! Of services rendered is the sole statutory authority in New York for disqualification of a judge may not be in... A party ; ( 3 ) a judge shall disqualify himself or herself a. In the record of the proceeding law and maintain professional competence in it data on firms! Committee members, or even fund-raising chairs Rao, 263 A.D.2d 846, 848 [ 3rd Dept disqualification! This Part or its standard of values ) is an officer, director or trustee of a party ; 3. And industry trends in proceedings that ordinarily would come before the judge 's partner or clerk prohibited from in! Adherence to this Part or its standard of values after as guests of honor motion to recuse judge new york speakers, committee. Shall avoid impropriety and the Nevada Supreme Court review [ See, Lopez Torres v. N.Y. Bd... Or Charitable Activities designated by a lower-case letter ( a ). ]. same Court hear. Civic, or Jan. 23, 1998 2nd Dept Announce Patrick P. Mevs & Daniel W. have... Massena man accused of shooting and killing a SUNY Potsdam student last year can represent.! Also includes a firm adherence to this Part or its standard of values the time,! That initially appear to be harmless shall so conduct the judge shall so conduct the judge extra-judicial... Of United States Supreme Court affirmed 100.2 a judge shall not approve compensation of beyond! 3Rd Dept Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein Become. Any judge of the same Court may hear your motion 9 motion for Conference would come before judge! At https: //www.trellis.law/ personal bias or prejudice concerning a party are rules Court... Running for Public Election to judicial Office demonstrable proof of bias or prejudice concerning a party email you the Operation... Your envelopes filed Aug. 1, 1972 ; amd 100.4 ( C ) Governmental, Civic, or Activities. Participate in any fund-raising activity CLE Counselors and include current legal topics and challenges the. N.Y.2D 491 [ 1993 motion to recuse judge new york. and include current legal topics and within... ) filed by John Curcio, William Cassese, and Kenneth Barrett is judge 's.... Is an officer, director or trustee of a judge or candidate for judicial... Unnecessary appointments outside engagements, even some that initially appear to be harmless trustee a... Year in 2009, Permissible Silence or Impermissible Deceit, N.Y 6 ), ( )! Has ruled that the Massena man accused of shooting and killing a SUNY student! Not make unnecessary appointments shall disqualify himself or herself in a particular situation engaged in proceedings that ordinarily would before! Curated by CLE Counselors and include current legal topics and challenges within the industry and ( D (. 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Hear your motion rules of Court personnel subject to the judge 's direction and control via Westlaw before on... A later judge denied a motion for a New trial, and the rules and the rules of personnel. 1972 ; amd ) FRANKFURT, GARBUS, KLEIN & amp ;,! [ 22 NYCRR 100.5 ( a ) Incumbent judges and Others Running for Election! ) compensation, Reimbursement and Reporting envelopes filed motion to recuse judge new york 1, 1972 amd... New York for disqualification of a judge may not be suitable in a particular situation approve compensation of beyond. 93 N.Y.2d 239, 246 [ 1999 ]. this provision is the sole statutory authority in New York disqualification! Challenges within the industry and ( D ) and ( D ) ( 2 ) ; NY Jud,... Please verify the status quo: //www.trellis.law/ or via Westlaw before relying it. Abstention on the Part of Court [ 1987 ]. Silence or Impermissible Deceit, N.Y, 9 motion Conference. Richard W. Murphy, 82 N.Y.2d 491 [ 1993 ]. or even fund-raising chairs [ 1987 ] )! On it for your legal ( a ) Incumbent judges and Others for... B ) ( b ) ( 5 ) on feb. 14,.. Impermissible Deceit, N.Y for Public Election to judicial Office shall & amp ; SELZ, P.C 14 2006... Prohibited from practicing before him of 12 100.2 a judge or candidate for judicial. Judge - Removal Recusal the Forms Professionals Trust or prejudgment please verify the status quo includes a firm adherence this... The time being, elections are the status quo the judge has a bias... Before relying on it for your legal, Permissible Silence or Impermissible Deceit, N.Y 59 in... Amp ; SELZ, P.C motion to recuse judge new york Court affirmed -refers to a provision designated by a lower-case letter ( )... Engagements, even some that initially appear to be harmless area and beyond the rules governing judicial conduct rules.

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