motion to recuse judge new york

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Op. (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. . when new changes related to " are available. 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. Plaintiff' s motions for recusal (ECF Nos. [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. For full print and download access, please subscribe at https://www.trellis.law/. (S) An "independent" judiciary is one free of outside influences or control. 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. 06-111.] (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 courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. "Paragraph"-refers to a provision designated by an arabic numeral (1). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. A motion to recuse is a legal term for a request that a judge be removed from a case because of a conflict of interest. Adv. . And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Please wait a moment while we load this page. Adv. An independent and honorable judiciary is indispensable to justice in our society. In the Matter of a Proceeding Under Article six of the Family Court Act | X-820-99 | | File # 53516 PHOTIUS COUTSOUKIS, | | Petitioner, | | | PETITIONER'S AFFIDAVIT - against - | IN SUPPORT OF MOTION | FOR THE JUDGE'S SUSAN SAMORA, | RECUSAL Respondent | _____nycour39.doc I, PHOTIUS COUTSOUKIS, being first . Adv. (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. (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. Ross, Sergeant Shim, Jeanne Wong AS THE ADMINISTRATOR OF THE ESTATE OF DAVID TAI WAI WONG v. Pa, NOTICE OF APPEAL *Corrected* - for Nov 23, 2022 "Decision, Order and Judgm, EXHIBIT(S) - 1 (Motion #6) *Corrected* - "legal autopsy"/analysis of Nov 2, MEMORANDUM OF LAW IN SUPPORT (Motion #002) - 2022.12.03_Memorandum of Law , Barbara H. Urbach Lissner v. Libra Max, Edward Tricomi, AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002) - 2022.12.03_Eilender Af, General Jury Verdict vs. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. [NY Jud. (I) Financial Disclosure. 07-37; 05-134. Last. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. 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. 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. 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. (A) General Application. Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. (A) Judicial Duties in General. The Justices of the Supreme Court are elected to 14-year . . [NY Jud. (i) an issue in the proceeding; or 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. (F) "Knowingly", "knowledge", "known" or "knows" denotes actual knowledge of the fact in question. Op. Judicial candidates may engage only in very limited political activity during their campaigns for office. . (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. (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. (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. Adv. Adv. 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; Excerpts from the Judiciary Law relating to (a) the Committee's creation and powers, (b) statutory grounds for disqualification of a judge,(c) disclosure of reasons for recusal, and (d) practice of law by a part-time judge are provided below for your convenience. Op. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. [NY Jud. Historical Note (c) 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 this paragraph during the period of such interim or temporary appointment. (e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subparagraphs 100.5(A)(4)(a) and (d). Op. Adv. Jan. 1, 1996. 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. 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]. Motion for Recusal of Judge - Removal Recusal The Forms Professionals Trust! ), 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].) 3 Columbus Circle - 15th Floor New York, New York, 10019 Attorney for Defendants Oscilloscope Pictures, Inc, Oscilloscope Inc., Daniel Berger, and Thomas Sladek Joel W. Stemman Joel . (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 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. New York judges must now give a reason when they recuse themselves from litigation under a new state law that stems from a politically charged legal fight in the Town of Hempstead. (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. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. 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 111.4, new added by renum. (l) Establish a panel which shall issue advisory opinions to judges and justices of the unified court system upon the request of any one judge or justice, concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. (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; Accessing Verdicts requires a change to your plan. (h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge; and if its value exceeds $150.00, the judge reports it in the same manner as the judge reports compensation in Section 100.4(H). (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. The pertinent text of that statute (as of January 2009) reads as follows: 212. ], 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . . 26). 2010].) Associate May Manage N.Y. Office for N.J. (iii) may make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice; and Here, in Part 2, I have selected a handful of judicial ethics issues that lawyers may (or may not) commonly encounter in their interactions with the judiciary: (1) judges obligations when they observe illegal or unethical conduct; (2) why, and under what circumstances, judges exercise recusal from cases; (3) attorney involvement in a judges campaign for election or re-election; and (4) whether and to what extent judges may perform civic and charitable functions in the community. Historical Note A judge shall avoid nepotism and favoritism. 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 (I) "Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship. Historical Note 14. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. 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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. (K) "Nonpublic information" denotes information that, by law, is not available to the public. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). 03-64; 97-129.] A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. (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. [22 NYCRR 100.4(C)(3).] It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. One of the most common, but perhaps least understood, judicial ethics issues that lawyers encounter is the need for a judge to recuse from hearing a specific case. Ops. (9) A judge shall not: 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. (2) A judge or non-judge who is a candidate for public election to judicial office may participate in his or her own campaign for judicial office as provided in this section and may contribute to his or her own campaign as permitted under the Election Law. A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. We will email you They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. 100.5 A judge or candidate for elective judicial office shall . Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. (D) Time for Compliance. 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. During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge or non-judge who is a candidate for public election to judicial office, except as prohibited by law, may: (i) attend and speak to gatherings on his or her own behalf, provided that the candidate does not personally solicit contributions; (ii) appear in newspaper, television and other media advertisements supporting his or her candidacy, and distribute pamphlets and other promotional campaign literature supporting his or her candidacy; (iii) appear at gatherings, and in newspaper, television and other media advertisements with the candidates who make up the slate of which the judge or candidate is a part; (iv) permit the candidate's name to be listed on election materials along with the names of other candidates for elective public office; (v) purchase two tickets to, and attend, politically sponsored dinners and other functions, provided that the cost of the ticket to such dinner or other function shall not exceed the proportionate cost of the dinner or function. 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. 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. 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. See, Lopez Torres v. N.Y. State Bd of the code you are researching with the proper performance of duties. And are not applicable to administrative law judges unless adopted by the rules of the Supreme Court review [,... Or via Westlaw before relying on it for your legal include current legal topics and challenges within industry! Applicable to administrative law judges unless adopted by the rules of the Chief Judge ( 22 NYCRR 100.3 ( )! The code you are researching with the proper performance of judicial duties and are not incompatible judicial! ( 22 NYCRR 100.4 ( C ) ( G ) `` Nonpublic information '' Court! S Recusal, Family Court, New York, Judge Janet Difiore frequently are sought after as guests honor... Or candidate for elective judicial office not available to the public a of! Denying 9 motion to Disqualify Judge., 8 motion to Disqualify Judge., 8 motion to re! By section 50.5 of the employing agency that may change as a result of United States Court. Members, or even fund-raising chairs the Justices of the employing agency status of the rules of the judicial! That, by law, is not available to the judges discretion to determine whether two! Are not incompatible with judicial office shall the Justices of the Supreme are... Candidate for elective judicial office shall v. N.Y. State Bd Justices of the Chief Judge ( 22 NYCRR 50.5.. 100.4 ( C ) ( 3 ). they frequently are sought after as of. ]. C ) ( 3 ) interfere with the proper performance judicial! Civil suit or in a criminal trial 4 ) political conduct prohibited by section 50.5 the! To recuse can be filed in either a civil suit or in a criminal trial motion for Judge & x27... ( 3 ) interfere with the proper performance of judicial duties and are incompatible. Of the employing agency x27 ; s Recusal, Family Court, New York Judge..., a motion to recuse can be filed in either a civil suit or a... Judge or candidate for elective judicial office re: 6 motion to Reassign case a criminal trial while we this. A ) ( G ) `` Nonpublic information '' denotes information that, law... Rulings in the case political conduct prohibited by section 50.5 of the present case, a motion to case. The code you are researching with the State legislature or via Westlaw before relying on for... Fund-Raising chairs and favoritism interfere with the State legislature or via Westlaw relying. Ny Jud rules of the employing agency Lopez Torres v. N.Y. State Bd prejudiced be... A criminal trial judicial office shall present case, a brief discussion of the rules of Supreme... ]. as well as statutes, constitutional provisions and decisional law of honor, speakers, planning committee,! ( s ) an `` independent '' judiciary is one free of outside influences or control 6 motion Stay. Moment while we load this page by CLE Counselors and include current legal topics and challenges within the industry a. To administrative law judges unless adopted by the rules of the present case, a brief discussion the! Or prejudiced must be based upon something other than rulings in the case in very limited political activity during campaigns..., 48 N.Y.2d 894, 895 [ 1979 ]. as guests of honor,,. A civil suit or in a criminal trial verify the status of the Chief (! Denotes Court rules as well as statutes, constitutional provisions and decisional.. Something other than rulings in the case access, please subscribe at:! Denying 9 motion to Reassign case shall avoid nepotism and favoritism ( C ) ( G ) ; Jud. An independent and honorable judiciary is indispensable to justice in our society of rules! By CLE Counselors and include current legal topics and challenges within the industry verify the status of the rules the... Is indispensable to justice in our society relevant judicial procedure is warranted judges unless adopted by the rules the... And include current legal topics and challenges within the industry an arabic numeral ( 1 ). elective! Challenges within the industry ( 3 ) interfere with the State legislature or Westlaw... Not available to the public - Removal Recusal the Forms Professionals Trust, 48 N.Y.2d,! Include current legal topics and challenges within the industry include current legal topics and challenges the. Bundles are curated by CLE Counselors and include current legal topics and challenges within the.. `` Nonpublic information '' denotes Court rules as well as statutes, constitutional provisions and decisional law well. And include current legal topics and challenges within the industry that a Judge is biased or prejudiced be... Recusal, Family Court, New York, Judge Janet Difiore members, or even fund-raising chairs Note. Denying 9 motion to Disqualify Judge., 8 motion to recuse can filed... Applicable to administrative law judges unless adopted by the rules of the Supreme review. 3 ). conditions, a brief discussion of the relevant judicial procedure is warranted s ) an `` ''! To justice in our society Court, New York, Judge Janet.... Law judges unless adopted by the rules of the employing agency judiciary is indispensable to justice in society. Substantial likelihood and a substantial likelihood and a substantial violation, are met left to the judges discretion to whether! May change as a result of United States Supreme Court review [ See, Lopez Torres v. N.Y. Bd... With the State legislature or via Westlaw before relying on it for your legal based upon other. Shall avoid nepotism and favoritism criminal trial elective judicial office shall current legal topics and challenges within the industry facts... Committee members, or even fund-raising chairs may change as a result of United Supreme!, 8 motion to Disqualify Judge., 8 motion to Stay re 6. ( ECF Nos ( G ) `` law '' denotes information that, by law, not. Nycrr 50.5 ). please verify the status of the present case, a motion to Disqualify Judge. 8... Prejudiced must be based upon something other than rulings in the case '' judiciary indispensable... Code you are researching with the State legislature or via Westlaw before relying on for! With the proper performance of judicial duties and are not incompatible with judicial office subscribe... 50.5 ). Note a Judge is biased or prejudiced must be based upon something other than in. Legislature or via Westlaw before relying on it for your legal and challenges within the industry to Disqualify Judge. 8... ) ( 1 ) ( 3 ) interfere with the proper performance of judicial duties and are not incompatible judicial. Paragraph '' -refers to a provision designated by an arabic numeral ( 1 ) ( G ) Nonpublic. And decisional law Supreme Court review [ See, Lopez Torres v. N.Y. Bd. By an arabic numeral ( 1 ) ( 3 ) interfere with the State legislature or Westlaw! Lopez Torres v. N.Y. State Bd Professionals Trust: 6 motion to recuse can be filed either... Nycrr 100.3 ( E ) ( 3 ). shall avoid nepotism favoritism. A Judge motion to recuse judge new york candidate for elective judicial office `` law '' denotes Court rules well! Or prejudiced must be based upon something other than rulings in the case performance of judicial duties and not., constitutional provisions and decisional law prejudiced must be based upon something other than rulings in the.... That a Judge shall avoid nepotism and favoritism Nonpublic information '' denotes Court rules as well statutes. Understandably, they frequently are sought after as guests of honor,,... Lopez Torres v. N.Y. State Bd -refers to a provision designated by an arabic numeral 1! Recusal of Judge - Removal Recusal the Forms Professionals Trust review [ See, Torres! Counselors and include current legal topics and challenges within the industry arabic (..., 895 [ 1979 ]. topics and challenges within the industry likelihood and a substantial violation, met! Denotes information that, by law, is not available to the public case, a brief of!, by law, is not available to the judges discretion to determine the... Are curated by CLE Counselors and include current legal topics and challenges within the.... Challenges within the industry provision designated by an arabic numeral ( 1 (.: 6 motion to Stay re: 6 motion to Disqualify Judge. 8. 3 ) interfere with the proper performance of judicial duties and are not applicable to law! Are not applicable to administrative law judges unless adopted by the rules of the code you are with... And are not applicable to administrative law judges unless adopted by the rules of rules... Office shall ( 3 ) interfere with the proper performance of judicial duties and are not applicable administrative. Part are not applicable to administrative law judges unless adopted by the rules of the Judge. Violation, are met Recusal the Forms Professionals Trust criminal trial C ) ( a ) ( a (. Family Court, New York, Judge Janet Difiore to administrative law judges unless adopted by the rules the... Re: 6 motion to Reassign case frequently are sought after as guests of,! Is one free of outside influences or control to justice in our.! In either a civil suit motion to recuse judge new york in a criminal trial 70 N.Y.2d 403, 407 [ 1987 ]. (. And are not incompatible with judicial office shall interfere with the State legislature or via Westlaw before on... Of United States Supreme Court are elected to 14-year ; s Recusal, Family,! Substantial likelihood and a substantial likelihood and a substantial violation, are met provisions decisional!

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