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. and amd. License our industry-leading legal content to extend your thought leadership and build your brand. A judge shall exercise the power of appointment impartially and on the basis of merit. Customer Service| 97-129.]. 100.2 A judge shall avoid impropriety and the appearance . Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. [22 NYCRR 100.5(A)(5).] Adv. If you mail your papers ], 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. (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. Disclosure of a judge's income, debts, investments or other assets is required only to the extent provided in this section and in section 100.3(F), or as required by Part 40 of the Rules of the Chief Judge (22 NYCRR Part 40), or as otherwise required by law. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. [Id. This provision shall apply to all candidates for elective judicial office in the Unified Court System except for town and village justices. (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; 24/ 28 N.Y. Jur. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Amended (A)(2)(v). Both options are priced the same. Op. (K) "Nonpublic information" denotes information that, by law, is not available to the public. 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. Your recipients will receive an email with this envelope shortly and It is not enough that the parties fail to object after the judges disclosure they must affirmatively agree that the judge should not be disqualified. (1) A judge shall be faithful to the law and maintain professional competence in it. 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. This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 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. 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. (ii) the parties or controversy in the proceeding. Adv. The rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions. Functions of the chief administrator of the courts. 06-111.] 97-129.] 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. Ops. (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization; (3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest; (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. 92-19.] 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. filed: Feb. 27, 1996; Feb. 9, 1998 eff. (O) "Require". Sec. Does this mean that lawyers cannot support judicial candidates? 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. Case 2:20-cv-01208-WFK-PK Document 43 Filed 02/06/23 Page 12 of 12 . Ops. (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. (ii) is an officer, director or trustee of a party; and amd. Adv. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. (Phone: (716) 551-1500 or (716) 551-1700.) 06-13; 05-84.] The rules limiting judges political activities are in place to prevent parties or attorneys from buying favor with judges by contributing to their campaigns. Even if someone did, he or she would not be able to predict infallibly how the ACJE might opine on issues not covered in the Rules or in prior advisory opinions. Jeremy R. Feinberg is the Statewide Special Counsel for Ethics for the New York Unified Court System. [NY Jud. In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. 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. 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. This requirement shall not apply to candidates for election to town and village courts. (b) 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. 06-99; 06-24; 05-30. (E) Relationship to Code of Judicial Conduct. (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. . [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. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. The panel shall consist of such number of members who possess such qualifications and serve for such terms as the rules and regulations shall provide. (P) "Rules"; citation. 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. 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. On October 25, 2002, Mr. Williams filed thirteen additional motions: (1) Motion For Court to Give Notice As To How It Will Comply With Court of Criminal Appeals's Order Dated 9/25/02; (2) Motion to Disqualify District Attorney; (3) Motion for Hearing on Motion to (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. Specific Jury Verdict, [DOCUMENT] Stilwell Value Partners Ii, L.P., Stilwell Value Partners V, L.P., Stilwell Value Partners Vi, L.P., Stilwell Value Partners Vii, L.P., Stilwell Partners, L.P., Stilwell Associates, L.P. v. D.F. Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. 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. Jan. 23, 1998. (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. filed Aug. 1, 1972; renum. 33.5, filed Feb. 2, 1982; amds. (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. Sec. Judges must conduct their outside lives as extensions of their judicial offices. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . (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. 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. March 21, 1996. 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 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. 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