What qualifies as judicial misconduct?

Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: “falsification of facts” at summary judgment); using the judge’s office to obtain special treatment for friends or relatives; accepting …

How do I file a complaint against a judge in New York?

3. RULES OF JUDICIAL CONDUCT:

1. New York City Office: 61 Broadway – Suite 1200. NY, NY 10006. Phone: 646-386-4800. Fax: 646-458-0037.
2. Albany Office: Corning Tower, Suite 2301. Empire State Plaza. Albany, NY 12223. Phone: 518-453-4600.
3. Rochester Office: 400 Andrews St. Rochester, NY 14604. Phone: 585-784‑4141. Fax: 585-232-7834.

What to do if a judge is unfair?

There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path.

1. Request Recusal.
2. File Appeal to Send Decision to a Higher Court.
3. File a Motion for Reconsideration.
4. File a Grievance on the Basis of Unethical Behavior.

Who oversees judges in NY?

NYS Commission on Judicial Conduct.

Is judicial misconduct a crime?

Judicial conduct oversight should not attempt to regulate purely personal aspects of a judge’s life. Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

What ethical issues do judges face?

Panelists emphasized three challenges to judicial ethical integrity above all others: competence, independence, and corruption. because they involve a prominent political figure, dissidents, or social organizations such as Falungong.

Can you challenge a judge’s decision?

You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.

Can you sue a judge for being biased?

You can’t sue a judge because the judge was wrong. That’s what appeals exist for. In your appeal, you explain how the judge got either the facts or the law (or both) wrong.

Are NY judges elected?

New York City Civil Court judges are elected from districts to 10-year terms, with vacancies filled by the mayor and service continuing until the last day of December after next election, while Housing Part judges are appointed by the Chief Administrative Judge to five-year terms.

Are NY state judges elected?

Most of New York’s trial court judges are chosen in partisan elections, with judicial candidates competing in primary elections to determine who will represent the party in the general election.

What can judges not do?

A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.

What are some challenges that judges face?

Where to file a complaint against a judge in New York?

If you believe that a judge may have violated the Rules of Judicial Conduct, you may file a complaint with: the New York State Commission on Judicial Conduct New York City Office: 61 Broadway – Suite 1200 NY, NY 10006

What does de minimis mean in Judicial Conduct?

(5) “De minimis” denotes an insignificant interest that could not raise reasonable questions as to a judge’s impartiality. (E) “Fiduciary” includes such relationships as executor, administrator, trustee, and guardian. (F) “Knowingly”, “knowledge”, “known” or “knows” denotes actual knowledge of the fact in question.

What should be the rules of Judicial Conduct?

The rules governing judicial conduct are rules of reason. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances.

What are the rules of Professional Conduct in New York?

NEW YORK RULES OF PROFESSIONAL CONDUCT Effective April 1, 2009 As amended through June 24, 2020 With Commentary as amended through June 24, 2020 \\(Reproduced with permission by the New York State Bar Association, One Elk Street, Albany, NY 12207. Please contact [email protected] for permission to use or distribute this content.\\) ii