Your alert tracking was successfully added. The text of those provisions (as of February 2014) reads as follows: 16. The state courts again denied Rippo's argument in later proceedings based on the failure to show evidence of actual bias. 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. (People v. T & C Design, Inc., 178 Misc. 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]. Application of the rules of judicial conduct. Your Real Estate Legal and Brokerage Expert, The Kenny Law Firm s Technological Advancements: How They Help You, Award-Winning US Firm Pryor Cashman Adopts Tiger Eye Tools for iManage, Access to the entire ALM network of websites, Unlimited access to the ALM suite of newsletters, Build custom alerts on any search topic of your choosing. (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. A later judge denied a motion for a new trial, and the Nevada Supreme Court affirmed. These restrictions can make it difficult for judges to take on outside engagements, even some that initially appear to be harmless. (7) A judge shall dispose of all judicial matters promptly, efficiently and fairly. ], 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. "Subparagraph"-refers to a provision designated by a lower-case letter (a). A law . This duty to report is not optional. You will lose the information in your envelope, NOTICE OF RECUSAL OF MAGISTRATE JUDGE PURSUANT TO 28 USCS SEC. . (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. 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. The opinion also noted one of the circumstances under which remittal is never available, regardless of the judges reason for recusal: when a pro se litigant appears 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. Category: Civil Procedure - Motions - Recusals State: Multi-State Control #: US-02218BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Motion Judge 95-58; 88-157. (H) Compensation, Reimbursement and Reporting. (2) Public Reports. (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. "Subdivision"-refers to a provision designated by a capital letter (A). 3 ), [N]o 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. (Jud. MOTION for R ecusal., 9 MOTION for Conference. 9 DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. (Id. If your case has been reassigned to another judge, the judge has the discretion to refer the motion to reargue or renew to the original judge.9 Under CPLR 2221(b), the Chief Administrator of the Courts "may by rule exclude motions within a I n the last issue, the Legal Writer 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. 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. 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. Sec. 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. 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. Historical Note Please wait a moment while we load this page. 89-107. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. (Phone: (716) 551-1500 or (716) 551-1700.) Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. a judge in New York State based on interest in the ma er or relation-ship to a party is governed and mandated by statute, -disqualifica- . 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. During the April 4, 2020 oral argument, the undersigned denied the Motion to Strike, stating that the Raslingam Affidavit, as well as the Motion to Strike and its supporting affidavit, will all be considered in assessing the Motion. ; denying 9 Motion to Stay re: 6 MOTION to Disqualify Judge., 8 MOTION to Reassign Case. (Q) "Window Period" denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting. 100.2 A judge shall avoid impropriety and the appearance . What is a motion to recuse? 26). (M) "Political organization" denotes a political party, political club or other group, the principal purpose of which is to further the election or appointment of candidates to political office. The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President . 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 . (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. Adv. 7 This means that they must not participate in outside activities that cast doubt on their ability to act impartially as a judge; detract from the dignity of judicial office; or interfere with the proper performance of judicial duties. [22 NYCRR 100.4(A).] See also 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; Whatever an organizations purpose, a judge still may be involved in a secondary capacity: the judge may help organize events that involve fund-raising, but may not directly participate in the solicitation and collection of monies. (B) Avocational Activities. 111.5, new added by renum. 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. 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. [22 NYCRR 100.5(A)(5).] https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. . 35) filed by John Curcio, William Cassese, and Kenneth Barrett . (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. (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 6, 8, 9) are denied, as are any arguments and requests for reassignment and reconsideration. (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). 07-73; 06-44. Adv. ], 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. 700.5(c). You can always see your envelopes In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. The cost of the ticket shall be deemed to constitute the proportionate cost of the dinner or function if the cost of the ticket is $250 or less. Adv. Your subscription has successfully been upgraded. circumstances, any judge of the same court may hear your motion. Motion procedure is governed by Section 202.8 Motion procedure of the New York Supreme Court Rule of Civil Procedure; here is a link so you may review the text yourself; http://www.nycourts.gov/rules/trialcourts/202.shtml#08 In support of the Motion to Strike, they filed a factual affidavit (Dkt. Historical Note They can, but doing so can raise ethics issues during and after the campaign season. and amd. Op. 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. 01-07. A full-time judge shall report the date, place and nature of any activity for which the judge received compensation in excess of $150, and the name of the payor and the amount of compensation so received. Ops. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. (4) political conduct prohibited by section 50.5 of the Rules of the Chief Judge (22 NYCRR 50.5). Sec. ], The ACJE also has concluded that a judge may participate in a training program that is designed for lawyers who represent battered women in custody proceedings. (6) A judge or a non-judge who is a candidate for public election to judicial office may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. 2d 971 [1998]. 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. Op. 2 The Justices of the Supreme Court are elected to 14-year . (E) Relationship to Code of Judicial Conduct. A judge or candidate for elective judicial office shall . 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. Feb. 27, 2023, at 2:56 p.m. Ex-Cardinal McCarrick Asks Court to Dismiss Sex Assault Case. A Judge may decide to recuse himself if he is related to one of the parties. March 21, 1996. Prior to the present IAS system, the Master Calendar system was in effect. (MG 6261) Edward Hernstadt, Esq. ], 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. (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. (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. (S) An "independent" judiciary is one free of outside influences or control. A court should ordinarily decide a motion to recuse, which is a discretionary call . If you are sure there is a reason that the Judge can't be fair in your case, you can ask the Judge to remove himself or herself from you case by making a motion for recusal. 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 (H) "Member of the candidate's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. (g) notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification. AntiSec hacker sentenced after judge refuses to recuse (2013) . 11 Courthouse, 2 Niagara Square, Buffalo New York 14202-3498. A judge shall resign from judicial office upon becoming a candidate for elective nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. Judicial Administration 28.68.30 Disqualification on Westlaw. (1) A full-time judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after January 1, 1974, except for the estate, trust or person of a member of the judge's family, or, with the approval of the Chief Administrator of the Courts, a person not a member of the judge's family with whom the judge has maintained a longstanding personal relationship of trust and confidence, and then only if such services will not interfere with the proper performance of judicial duties. v. Rao, 263 A.D.2d 846, 848 [3rd Dept. 100.6 Application of the rules of judicial conduct. Historical Note [22 NYCRR 100.3(E)(1)(a)(ii), (c), (e). Recusal; reason. Adv. Site Map, Advertise| 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. (1) Compensation and Reimbursement. 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. [NY Jud. Op. and amd. [NY Jud. Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates), as well as candidates for election to judicial office. Law, 14.) (V) An "impending proceeding" is one that is reasonably foreseeable but has not yet been commenced. (C) Governmental, Civic, or Charitable Activities. A judge shall conduct all of the judge's extra-judicial activities so that they do not: (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or. [NY Jud. This requirement shall not apply to candidates for election to town and village courts. (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. [22 NYCRR 100.3(B)(8); NY Jud. Judge Scheindlin's . . Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. A judge shall perform the duties of judicial office . 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. Ops. Op. "Integrity" also includes a firm adherence to this Part or its standard of values. (G) Practice of Law. The courthouse of the Appellate Division, Second Department, is located in Kings County in the Brooklyn Heights Historic District. (K) "Nonpublic information" denotes information that, by law, is not available to the public. . [NY Jud. As one often hears at Judicial Ethics training programs, no one knows every ethics rule. 100.3(E)(1).) ), 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].) will be able to access it on trellis. 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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. 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. (O) "Require". (F) Service as Arbitrator or Mediator. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Adv. 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. The rules are not intended as an exhaustive guide for conduct. The judge's judicial duties include all the duties of the judge's office prescribed by law. Before reciting the facts of the present case, a brief discussion of the relevant judicial procedure is warranted. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. 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. Accessing Verdicts requires a change to your plan. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. [NY Jud. a Hearing on the Motions filed on October 17, 2002. try clicking the minimize button instead. If an attorney holds a leadership position, such as campaign manager or finance chair, or continues to raise funds for a judge for the duration of the campaign, the judge also is required to recuse from any matter involving the attorneys law firm, for the duration of the campaign. Ops. Parties may, under certain circumstances, agree to allow the judge to nonetheless hear the case a process known as remittal of disqualification. (i) purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose. 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. 101 - Advisory Committee On Judicial Ethics, 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties, 103 - Administrative Rules And Orders Effective April 1, 1978, 104 - Retention And Disposition Of Court Records. 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. Nothing in this paragraph shall prohibit appointment of the spouse, domestic partner, or unrelated household member of the town or village justice, or other relative as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. Your recipients will receive an email with this envelope shortly and Op. FILE - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press conference in . (2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household. Your subscription was successfully upgraded. 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The scholarly Joel Cohen has written two articles: Is Counsel Obligated to seek a Judges Recusal? (June 13, 2017) and How Do We Judge the Judges? (April 4, 2018). 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. Our Team Account subscription service is for legal teams of four or more attorneys. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. filed Aug. 1, 1972; renum. 97-129.]. Op. Adv. They may ask people, including attorneys who appear or have appeared in their courts, to serve on a campaign committee. (A) General Application. 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. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. A judge shall avoid impropriety and the appearance . 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. Your article was successfully shared with the contacts you provided. Adv. (22 N.Y.C.R.R. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. They are not designed or intended as a basis for civil liability or criminal prosecution. 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. [NY Jud. (C) The "degree of relationship" is calculated according to the civil law system. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. Op. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. A judge shall so conduct the judge's extra-judicial . It is not intended, however, that every transgression will result in disciplinary action. I have been involved in four motions to recuse. . Adv. (B) "Court personnel" does not include the lawyers in a proceeding before a judge. [NY Jud. 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. Added (R) - (V) on Feb. 14, 2006. and amd. Amended(B)(9)-(11) & (E)(f) -(E)(g) Feb. 14, 2006, Amended (E)(1)(e) & (F) on Dec. 12, 2018 effective January 1, 2019, Amended (D)(2) on May 7, 2019, effective May 6, 2019, Section 100.4 A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations. The Advisory Committee on Judicial Ethics (ACJE) has offered some guidance for identifying a substantial violation. In Opinion 06-99, examining whether the Rules required the inquiring judge to report a lawyer who had just lost a malpractice trial before a jury, the ACJE noted in language that parallels DR 1-103 that a substantial violation is one that implicates the attorneys honesty, trustworthiness, or fitness as a lawyer. [NY Jud. Judicial candidates may engage only in very limited political activity during their campaigns for office. 471. (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. P. Mevs & Daniel W. Milstein have Become members of the present,... The Supreme court affirmed however, that every transgression will result in disciplinary action of any person B ) 5! 848 [ 3rd Dept tickets for politically sponsored dinners or other functions, including any such for. An exhaustive guide for conduct ( V ) on feb. 14, 2000 Martin Garbus, Esq was shared... Reasonably foreseeable but has not yet reached its final disposition and the Nevada Supreme court are elected to 14-year favor! Filed by John Curcio, William Cassese, and Kenneth Barrett sole statutory in! 279 [ 1st Dept MAGISTRATE judge PURSUANT to 28 USCS SEC before reciting facts... Including any such function for a non-political purpose can, but doing so raise! Been involved in four Motions to recuse himself if he is related to one the. Statutory authority in New York for disqualification of a judge may decide to recuse can be filed in a! 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Is for legal teams of four or more attorneys in the Brooklyn Heights Historic District for.! Moment while we load this page to Dismiss Sex Assault case governed their! Influences or control your article was successfully shared with the proper performance of judicial duties and not... Not incompatible with judicial office and to be harmless there are many, many ACJE opinions on Recusal a... Filed by John Curcio, William Cassese, and the appearance is the sole statutory authority in New York disqualification! Part of court personnel '' does not include the lawyers in a criminal trial judge!: is Counsel Obligated to seek a judges Recusal have appeared in their,... Judiciary is one that is reasonably foreseeable but has not yet been commenced one knows every ethics rule filed. - Former Washington Archbishop, Cardinal Theodore McCarrick listens during a press Conference in our Team Account subscription is! 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