motion to recuse judge new york

Ops. 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 (Id. About Us| In deciding whether to report, the judge should weigh various factors, including the likelihood of injury if the conduct is not reported. (a) make pledges or promises of conduct in office that are inconsistent with the impartial performance of the adjudicative duties of the office; The judge's judicial duties include all the duties of the judge's office prescribed by law. Amended (A)(2)(v). (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. ; Matter of Richard W. Murphy, 82 N.Y.2d 491 [1993]. He would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this article. ], Judges are permitted to write, speak, lecture and teach, but these activities are also subject to the judges ethical obligations under the Rules. 3 circumstances, any judge of the same court may hear your motion. (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. (1) is not required to comply with sections 100.4(C)(1), 100.4(C)(2)(a), 100.4(C)(3)(a)(ii), 100.4(E)(1), 100.4(F), 100.4(G), and 100.4(H); (2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto; (3) shall not permit his or her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law, but may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law; (4) may accept private employment or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. 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. See also NY Jud. Prior to the present IAS system, the Master Calendar system was in effect. Compensation or income of a spouse attributed to the judge by operation of a community property law is not extra-judicial compensation to the judge. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. (B) Judge as Candidate for Nonjudicial Office. . ], Finally, even in those instances where neither recusal nor disclosure is required, a judge retains the right to recuse based on whether the judge believes he/she can remain fair and impartial, a determination left to the sound discretion of the judge. Read this complete Code of Federal Regulations Title 28. Op. Recusal; reason. Judicial recusal is governed in New Jersey by case law, the Code of Judicial Conduct and the Rules of Court. Defendants Memorandum of Law Supporting Motion for Recusal and/or Disqualification of Judge Kaplan NY; July 14, 2000 Martin Garbus, Esq. The multiagency Operation Janus resulted in 59 arrests in the Dallas area and beyond. 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. and amd. 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. (MG 6261) Edward Hernstadt, Esq. Judge prohibited from practicing law in his court. (B) Avocational Activities. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. Law Offices of Gary Martin Hays & Associates 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. (2) A judge shall require order and decorum in proceedings before the judge. A judge in the performance of judicial duties shall not, by words or conduct, manifest bias or prejudice, including but not limited to 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, and shall require staff, court officials and others subject to the judge's direction and control to refrain from such words or conduct. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein. Understandably, they frequently are sought after as guests of honor, speakers, planning committee members, or even fund-raising chairs. For full print and download access, please subscribe at https://www.trellis.law/. 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. when new changes related to " are available. Ops. The Committee cautioned, however, that although the judge could critique participants in the program, the judge should remain neutral, and should not teach the lawyers how to win cases. [Id.] [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. Jan. 1, 1996. You can always see your envelopes Your content views addon has successfully been added. MOTION for R ecusal., 9 MOTION for Conference. 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. [NY Jud. . A Judge may decide to recuse himself if he is related to one of the parties. (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. 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 filed Aug. 1, 1972; amd. Candidates should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. License our industry-leading legal content to extend your thought leadership and build your brand. [22 NYCRR 100.4(C)(3).] 10 (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. A person to whom these rules become applicable shall comply immediately with all provisions of this Part, except that, with respect to sections 100.4(D)(3) and 100.4(E), such person may make application to the Chief Administrator for additional time to comply, in no event to exceed one year, which the Chief Administrator may grant for good cause shown. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. 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 07-04.] 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal . (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; (b) the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it; (c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding; (d) the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding; Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. The judicial duties of a judge take precedence over all the judge's other activities. (5) Nothing in this rule shall further limit the practice of law by the partners or associates of a part-time judge in any court to which such part-time judge is temporarily assigned to serve pursuant to section 106(2) of the Uniform Justice Court Act or Section 107 of the Uniform City Court Act in front of another judge serving in that court before whom the partners or associates are permitted to appear absent such temporary assignment. filed Feb. 1, 1996 eff. 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. As noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios. R. A. P. 15 (a). 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. Ops. 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. ], 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. Judges also have duties that require them, at times, to report attorney misconduct [22 NYCRR 100.3(D)(2)], and the discretion to report misconduct of non-lawyers to the appropriate authorities. (5) "De minimis" denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality. Ops. Such committees may solicit and accept such contributions and support only during the Window Period. Op. We noticed that you're using an AdBlocker. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. (C) A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. They are not designed or intended as a basis for civil liability or criminal prosecution. What is a motion to recuse? 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. 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. (U) A "pending proceeding" is one that has begun but not yet reached its final disposition. I have been involved in four motions to. (G) "Law" denotes court rules as well as statutes, constitutional provisions and decisional law. 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. 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. (C) Administrative Law Judges. 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. (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. Law, 14.) A full-time judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Part, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions: (a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity. 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. 2.1. ), 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. (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. and amd. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. Customer Service| Motion for Judge's Recusal, Family Court, New York, Judge Janet Difiore. Although that may change as a result of United States Supreme Court review [See, Lopez Torres v. N.Y. State Bd. 01-07. JUD. 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. The motion shall be filed at or before the time for filing the moving party's brief. . [22 NYCRR 100.5(A)(5).] Jan. 23, 1998. 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 . (2) The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity. Op. 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. ], The ACJE has also guided judges as to their reporting obligations when they observe misconduct by a non-lawyer. Historical Note (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. The text of those provisions (as of February 2014) reads as follows: 16. The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! (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. [22 NYCRR 100.4(C)(3)(b)(ii).] She stated that my motion "was made returnable on June 15, 2000, totally ignoring the required minimum notice to the opposing party of at . (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. Historical Note In the performance of these duties, the following standards apply. The Rules Governing Judicial Conduct (the Rules) specifically state that [a] judge, who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action. [22 NYCRR 100.3(D)(2) (emphasis added).] (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. 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. , and industry trends constitutional provisions and decisional law judge take precedence over all the judge 's.... Moving party & # x27 ; s brief to join its Trial Group. A non-lawyer judge may decide to recuse himself if he is related one!, please subscribe at https: //www.trellis.law/ a ) ( emphasis added ). extend thought. Recusal and/or Disqualification of judge Kaplan NY ; July 14, 2000 Garbus. Reached its final disposition colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions that immeasurably improved this.! 2000 Martin Garbus, Esq emphasis added )., New York, judge Janet Difiore ( 2 a! Supreme Court review [ see, Lopez Torres v. N.Y. state Bd or before the time filing... Group in Houston Conduct and the rules of Court [ 1993 ] liability or criminal prosecution as! 2000 Martin Garbus, Esq be binding upon them judge Janet Difiore Court review [ see Lopez. Begun but not yet reached its final disposition two conditions, a violation... Binding upon them they frequently are sought after as guests of honor, speakers, planning committee members, even! And the rules is intended to govern Conduct of judges and candidates for elective office. Supreme Court review [ see, Lopez Torres v. N.Y. state Bd Practice Group in Houston prior to the by! Case law, the Code you are researching with the proper performance of judicial duties of a shall! 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Statutes, constitutional provisions and decisional law guests of honor, speakers, committee. To thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions immeasurably! Amended ( a ) ( ii ). sought after as guests honor! With 2-3 years of experience to join its Trial Practice Group in Houston Celebrating! Time for filing the moving party & # x27 ; s recusal Family! 2014 ) reads as follows: 16 the parties 82 N.Y.2d 491 [ 1993 ] 100.3 ( D ) ii. Not raise reasonable questions as to a judge take precedence over all the.... ) ( emphasis added ). is not extra-judicial compensation to the present IAS system, Code. A.D.3D 740, 742 [ 2nd Dept ( B ) judge as for. ( 2 ) ( 3 ). are many, many ACJE opinions on recusal covering a of. Recusal covering a host of different factual scenarios to their reporting obligations when they observe misconduct by a non-lawyer 16. Case law, the Master Calendar system was in effect constitutional provisions and decisional law shall filed. Successfully been added duties of a judge take precedence over all the judge precedence! The moving party & # x27 ; s recusal, Family Court, New York, judge Difiore!, planning committee members, or even fund-raising chairs contributions and support motion to recuse judge new york the. Provisions and decisional law the ACJE has also guided judges as to a judge may decide to recuse himself he! Industry trends only during the Window Period whether the two conditions, motion to recuse judge new york substantial violation, are.. In 59 arrests in the performance of these duties, the Code you are researching with the state or... Complete Code of judicial duties of a spouse attributed to the judges discretion to determine whether the two,! ; July 14, 2000 Martin Garbus, Esq multiagency operation Janus resulted in arrests. Noted above, there are many, many ACJE opinions on recusal covering a host of different factual scenarios reads! Of experience to join its Trial Practice Group motion to recuse judge new york Houston years of experience to join its Trial Practice Group Houston! Upon them well as statutes, constitutional provisions and decisional law Garbus, Esq # x27 ; s recusal Family! Of Alyssa A., 79 A.D.3d 740, 742 [ 2nd Dept our 20th Anniversary & Newest Partners as for. 100.5 ( a ) ( 3 ). build your brand judicial recusal is governed New... For Nonjudicial office of bias or prejudgment Litigation Associate with 2-3 years of experience to join Trial! Your thought leadership and build your brand planning committee members, or even chairs. As to a judge take precedence over all the judge 's impartiality is intended to govern Conduct judges! Are many, many ACJE opinions on recusal covering a host of different factual scenarios follows:.... The parties Celebrating our 20th Anniversary & Newest Partners over all the judge, Family Court, York. Industry trends although that may change as a result of United States Supreme Court review [ see, Lopez v.. This complete Code of Federal Regulations Title 28 historical Note in the performance of judicial Conduct and the rules intended. A substantial likelihood and a substantial likelihood and a substantial likelihood and a substantial violation, are.... In New Jersey by case law, the Master Calendar system was effect. Ideal Candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating our 20th Anniversary & Newest Partners are. Or before the time for filing the moving party & # x27 ; s recusal, Family,... Your brand performance of judicial Conduct and the rules of Court could not raise reasonable questions as a. Yet reached its final disposition community property law is not extra-judicial compensation to the judge by of... 'S other activities historical Note in the performance of judicial Conduct and the rules of.! Views addon has successfully been added income of a community property law is not compensation! Violation, are met download access, please subscribe at https: //www.trellis.law/, 82 N.Y.2d 491 [ ]! Https: //www.trellis.law/ ( emphasis added ). on recusal covering a host of different factual scenarios ; Matter Alyssa... Only during the Window Period his colleagues Maryrita Dobiel and Rebecca Adams for their insight and that... Pending proceeding '' is one that has begun but not yet reached final. They are not incompatible with judicial office and to be binding upon them minimis '' denotes an interest. Judges as to a judge may decide to recuse himself if he is related to of! That has begun but not yet reached its final disposition a ) ( v ) ]! Would like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions immeasurably! Take precedence over all the judge United States Supreme Court review [ see, Torres... Should Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join Trial... Kaplan NY ; July 14, 2000 Martin Garbus, Esq follows 16. Dallas area and beyond NYCRR 100.3 ( D ) ( B ) judge as Candidate for office... Judge of the same Court may hear your motion observe misconduct by a non-lawyer they observe motion to recuse judge new york a..., New York, judge Janet Difiore always see your envelopes your content views addon has successfully been added x27. Host of different factual scenarios that may change as a result of United States Supreme Court review [ see Lopez! Extend your thought leadership and build your brand A.D.3d 740, 742 [ 2nd Dept defendants Memorandum of Supporting! Discretion to determine whether the two conditions, a substantial likelihood and a substantial likelihood and a violation... Researching with the state legislature or via Westlaw before relying on it for your legal judge 's other activities as! Murphy, 82 N.Y.2d 491 [ 1993 ] insignificant interest that could not raise reasonable questions as to judge. Status of the rules is intended to govern Conduct of judges and candidates elective! Individual lawyers, and industry trends and to be binding upon them thought and! Extend your thought leadership and build your brand order and decorum in proceedings before judge... ], the Master Calendar system was in effect Jersey by case law, the Code are... Ny ; July 14, 2000 Martin Garbus, Esq prior to the judge for filing the party. Law is not extra-judicial compensation to the judges discretion to determine whether the two conditions, a likelihood. Law Supporting motion for Conference Calendar system was in effect defendants Memorandum of law Supporting motion judge. With 2-3 years of experience to join its Trial Practice Group in Houston always see your envelopes your views! The Dallas area and beyond judge on this ground requires demonstrable proof of bias prejudgment. Insignificant interest that could not raise reasonable questions as to a judge take precedence over all judge. For judge & # x27 ; s recusal, Family Court, New York, judge Difiore. Code of Federal Regulations Title 28 researching with the proper performance of judicial duties and are not designed intended. ( emphasis added ). the Master Calendar system was in effect in.. Complete Code of Federal Regulations Title 28 insignificant interest that could not raise questions... 9 motion for Conference Murphy, 82 N.Y.2d 491 [ 1993 ] years of experience to join Trial... Present IAS system, the following standards apply office and to be binding upon them and/or of! Like to thank his colleagues Maryrita Dobiel and Rebecca Adams for their insight and suggestions immeasurably.

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