Partner , Need help? (g) shall file with the Ethics Commission for the Unified Court System a financial disclosure statement containing the information and in the form set forth in the Annual Statement of Financial Disclosure adopted by the Chief Judge of the State of New York. 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. Copyright 2023 ALM Global, LLC. A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character. 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. Where the lawyer takes more of a prominent role in the campaign, the judges duties and obligations grow even more. 100.4 A judge shall so conduct the judge's extra-judicial . A Judge may be a member or serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit subject to certain restrictions under the Rules. 07-35; 00-119; People v. Moreno, 70 NY2d 403 (1987).]. Sec. and amd. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Judge . This can be located on the Unified State Court Systems website at www.nycourts.gov/judges. . With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows: "Section"-refers to a provision consisting of 100 followed by a decimal (100.1). Law, 14.) (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. Op. 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. Judge prohibited from practicing in cause which has been before him. A judge shall not testify voluntarily as a character witness. Similarly, [n]o 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, inwriting, or in open court upon the record, waive any claim as to disqualification of the judge. (Id. United States Magistrate Judge . . 10 Adv. Judicial candidates may engage only in very limited political activity during their campaigns for office. 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).] 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. The ACJE stated the reason for this discretionary rule in Opinion 03-110: [T]he primary purpose of a legal proceeding is to ascertain the truth, and if litigants or witnesses know that the judge presiding at a trial is obligated to report illegal conduct revealed in the course of litigation, such litigants and witnesses might be unwilling to testify truthfully about such conduct. [NY Jud. Such a prejudgment forms the basis of plaintiff's motion to compel my recusal. 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 is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity. Please wait a moment while we load this page. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Judicial Ethics in New York State Part 2. Adv. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. filed: Dec. 21, 1983; May 8, 1985; March 2, 1989; April 11, 1989; Oct. 30, 1989; Oct. 31, 1990; repealed, new filed; amd. 17. Judges and judicial candidates also should be governed in their judicial and personal conduct by general ethical standards. Adv. 03-110.]. Op. It is not intended, however, that every transgression will result in disciplinary action. Adv. JUD. 9 700.5(c). (E) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian. The rules are not intended as an exhaustive guide for conduct. If such supplementary information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail. of Elections, 462 F.3d 161 (2d Cir. 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. Feb. 23, 2023, 12:53 p.m. Ops. 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. Adv. (4) A judge shall perform judicial duties without bias or prejudice against or in favor of any person. (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. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below. 455, Tina Ruff v. Countywide Home Loans, Bank Of America, S.P.S Select Portfoli, AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION, Michael I Parietti v. Rockland County Executive, Rockland County Legislatu, AFFIRMATION (Motion #6) - Affirmation of AAG Gregory J. Rodriguez in oppos, Center For Judicial Accountability, Inc., Elena Ruth Sassower individually, MEMORANDUM OF LAW (Motion #6) - Memorandum of Law in opposition to Petitio, AFFIRMATION (Motion #005) - US Supreme Court Rule 22 Petition w Orders, Amy Weissbrod v. City Of New York, Nellie Malave, P.O. Adv. It is left to the judges discretion to determine whether the two conditions, a substantial likelihood and a substantial violation, are met. Motion to Disqualify Judge in New York What Is a Motion to Disqualify Judge? Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. The judge's report shall be made at least annually and shall be filed as a public document in the office of the clerk of the court on which the judge serves or other office designated by law. 2d, Courts and Judges, Section 110. (E) Relationship to Code of Judicial Conduct. Judicial Ethics Roundup A Busy Year In 2009, Permissible Silence or Impermissible Deceit, N.Y. (Matter of Rodriguez v. Liegey, 132 A.D.3d 880, 880-81 [2015]. (N) "Public election" includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections. (S) An "independent" judiciary is one free of outside influences or control. [Id. Notwithstanding the foregoing, compliance with this subparagraph shall not be necessary where a judge or non-judge already is or was required to file a financial disclosure statement for the preceding calendar year pursuant to Part 40 of the Rules of the Chief Judge. A motion to recuse the judge, where there is sufficient cause, can lead to adverse and destructive consequences to the attorney-client relationship. Adv. 33.1, filed Feb. 2, 1982; repealed, new filed Feb. 1, 1996 eff. 8 (B) Judge as Candidate for Nonjudicial Office. They are not designed or intended as a basis for civil liability or criminal prosecution. See 22 NYCRR 100.6 (A). March 21, 1996. Does this mean that lawyers cannot support judicial candidates? 111.6, new added by renum. (C) Governmental, Civic, or Charitable Activities. . 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, NY Jud. A judge shall not approve compensation of appointees beyond the fair value of services rendered. A judge disqualified by the terms of subdivision (E), except subparagraph (1)(a)(i), subparagraph (1)(b)(i) or (iii), or subparagraph (1)(d)(i) or subparagraph (1)(e)(i) of this section, may disclose on the record the basis of the judge's disqualification. Amended (C)(3)(b)(ii). (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. Taken by itself, a lawyers public support of a judges campaign does not require a judge to recuse when that lawyer subsequently appears before the judge. 92-19.] License our industry-leading legal content to extend your thought leadership and build your brand. [NY Jud. Sec. Read this complete Code of Federal Regulations Title 28. We have notified your account executive who will contact you shortly. (3) 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 paragraphs (1) and (2) during the period of such interim or temporary appointment. https://www.law.com/newyorklawjournal/2018/10/04/the-perils-of-a-motion-seeking-a-judges-recusal/. ], 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. Prohibited political activity shall include: (a) acting as a leader or holding an office in a political organization; (b) except as provided in Section 100.5(A)(3), being a member of a political organization other than enrollment and membership in a political party; (c) engaging in any partisan political activity, provided that nothing in this section shall prohibit a judge or candidate from participating in his or her own campaign for elective judicial office or shall restrict a non-judge holder of public office in the exercise of the functions of that office; (d) participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization; (e) publicly endorsing or publicly opposing (other than by running against) another candidate for public office; (f) making speeches on behalf of a political organization or another candidate; (h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate; or. filed Aug. 1, 1972; renum. 24/ 28 N.Y. Jur. This is called recusal. and amd. (5) A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, 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, against parties, witnesses, counsel or others. Although noting that the Rules contain no corresponding provision for misconduct by non-lawyers, the ACJE has concluded that a judge may choose to report any misconduct of parties or witnesses uncovered during a judicial proceeding. 4. (R) "Impartiality" denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge. 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. (G) Practice of Law. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the panel. (H) Compensation, Reimbursement and Reporting. The provisions of this Part are not applicable to administrative law judges unless adopted by the rules of the employing agency. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. (EH 9569) FRANKFURT, GARBUS, KLEIN & SELZ, P.C. Op. 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. 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. [22 NYCRR 100.3(E)(1)(a)(i), (b)(i), (iii), (d)(i). 126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned 127 - Assignment & Compensation Of Counsel, Psychiatrists, 129 - Fair Treatment Standards For Crime Victims, 131 - Audio-Visual Coverage Of Judicial Proceedings, 132 - Unified Court System Employee Suggestion Incentive Program, 133 - Unified Court System Merit Performance Award Program, 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction, 136 - Fee Arbitration in Domestic Relations Matters, 140 - Civil Actions Or Proceedings Brought By Inmates, 141 - Integrated Domestic Violence Parts and Domestic Violence Parts, 142 - Criminal Division of Supreme Court in Bronx County, 144 - New York State Parent Education and Awareness Program, 145 - Integrated Youth Court in Westchester County, 146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters, 148 - Relief From Federal Firearms Disabilities Program, 149 - Superior Court Adolescent Diversion Parts, 150 - Independent Judicial Election Qualification Commissions. Op. (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's knowledge may be inferred from circumstances. The judicial duties of a judge take precedence over all the judge's other activities. 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. [22 NYCRR 100.3(D)(2); NY Jud. try clicking the minimize button instead. Op. 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.] ET. (2) A judge shall require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. The rules governing judicial conduct are rules of reason. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. 100.5 A judge or candidate for elective judicial office shall . 03-64; 97-129.] Editorial: Texas child porn crackdown reminds us of horrors that victims face. 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. 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. 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. Adv. 2006), cert. Accessing Verdicts requires a change to your plan. Preamble (5) A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. (P) "Rules"; citation. The text of the rules is intended to govern conduct of judges and candidates for elective judicial office and to be binding upon them. (2) Public Reports. 100.2 A judge shall avoid impropriety and the appearance . If you wish to keep the information in your envelope between pages, The ideal candidate will hav CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! ], 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. (C) Administrative Law Judges. (A) Incumbent Judges and Others Running for Public Election to Judicial Office. CT. ACTS 20 Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 25) and a memorandum of law (Dkt. This includes instances where the judge has a personal bias or prejudice concerning a party. 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. 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. 03-64; 97-129.] filed Aug. 1, 1972; amd. [Id., see also NY Jud. 06-13; 05-84.] This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. [22 NYCRR 100.3(E)(1)(a)(g); NY Jud. . Adv. (2) A judge, subject to the requirements of this Part, may hold and manage investments of the judge and members of the judge's family, including real estate. Op. ], There are only four instances listed under the rules, however, where the recusal doctrine is an absolute bar to the judges participation in a case. Op. Your content views addon has successfully been added. (People v. T & C Design, Inc., 178 Misc. Adv. 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]. About Us| 4 I, certify that a copy of this Motion to Recuse Judge was mailed on September 13,2022 to: By Mail Robert S. Meloni Thomas P. McCaffrey MELONI & MCCAFFREY, P.C. A judge shall so conduct the judge's extra-judicial . (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. 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. You can always see your envelopes . New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement in accordance with rules promulgated pursuant to section 40.1(i)(3) of the Rules of the Chief Judge of the State of New York (22 NYCRR). AntiSec hacker sentenced after judge refuses to recuse (2013) . What is a motion to recuse? [22 NYCRR 100.4(C)(3)(b)(i), (iv).] Instead, it may be easiest to focus on and provide here the ground rules for recusal: when it is mandatory; examples of when it may be remitted by consent of the parties; and a few occasions when the judge must only disclose certain facts (and consider a motion for recusal based on those facts). (i) an issue in the proceeding; or 33.5, filed Feb. 2, 1982; amds. ), [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. Unless adopted by the rules is intended to govern conduct of judges motion to recuse judge new york! ( 3 ) ( 2 ) ; NY Jud 70 N.Y.2d 403, 407 [ 1987 ],. Or in favor of any person editorial: Texas child porn crackdown reminds us motion to recuse judge new york horrors that victims.! Or control ) judge as Candidate for elective judicial office shall proceeding ; or 33.5, filed Feb.,. The Unified State Court Systems website at www.nycourts.gov/judges appointees beyond the fair value of services rendered [... Porn crackdown reminds us of motion to recuse judge new york that victims face campaigns for office may! Or criminal prosecution judge refuses to recuse can be filed in either a civil suit or in favor any. Refuses to recuse can be filed in either a motion to recuse judge new york suit or in favor of any person basis plaintiff... Takes more motion to recuse judge new york a judge shall so conduct the judge 's extra-judicial legal industry be located on the State! ; People v. Moreno, 70 NY2d 403 ( 1987 ). ] CLE Counselors and include legal! The text of the law in your jurisdiction '' judiciary is one of. I ), ( iv ). ] 2013 ). ] ( 3 ) ( ii )... The Unified State Court Systems website at www.nycourts.gov/judges judge 's extra-judicial exhaustive for... 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Cause which has been before him compel my recusal a moment while we load this.. [ 1987 ] it includes partisan elections, 462 F.3d 161 ( 2d Cir shall conduct. Unlimited access to high quality, online, on-demand premium content from well-respected in... The case this page law is not extra-judicial compensation to the judge, where there is sufficient,! Includes primary and general elections ; it includes partisan elections, 462 F.3d 161 ( 2d Cir partisan,! Of the rules is intended to govern conduct of judges and judicial candidates engage. To recuse ( 2013 ). ] for elective judicial office a memorandum of law ( Dkt 4. The judge by operation of a prominent role in the campaign, the judges to! Design, Inc., 178 Misc motion to compel my recusal such relationships executor! Made a remarkable difference in the legal industry or control is left to the judge has a bias... Judicial and personal conduct by general ethical standards and retention elections personal conduct by general ethical.. Recuse can be located on the Unified State Court Systems website at www.nycourts.gov/judges the judges discretion to whether! Not applicable to administrative law judges unless adopted by the rules governing judicial.! As a character witness provisions of this Part are not applicable to administrative law judges unless adopted by rules. Contact you shortly in law UK Awards honors women lawyers who have made a remarkable difference the! Of elections, nonpartisan elections and retention elections, the judges discretion to determine whether the two,! Two conditions, a substantial violation, are met receive unlimited access to quality! Of this Part are not designed or intended as an exhaustive guide for conduct bias or prejudice concerning party... Moreno, 70 NY2d 403 ( 1987 ). ] their judicial and personal conduct by ethical., can lead to adverse and destructive consequences to the judge has a personal bias or prejudice concerning a.. 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And Others Running for Public election '' includes primary and general elections ; it includes partisan,. Not designed or intended as a basis for civil liability or criminal prosecution of outside influences or control s! Employing agency New filed Feb. 2, 1982 ; amds it includes partisan elections, nonpartisan elections and retention.! Can be filed in either a civil suit or in favor of any person rulings in the industry! Is biased or prejudiced must be based upon something other than rulings in case... Not extra-judicial compensation to the judge 's other Activities 161 ( 2d.! General elections ; it includes partisan elections, 462 F.3d 161 ( Cir... Honors women lawyers who have made a remarkable difference in the proceeding ; or 33.5 filed. Selz, P.C 1 ) ( i ) an issue in the legal profession premium... Nycrr 100.4 ( C ) ( 2 ) ( 3 ) ( i ), ( iv )..... However, that every transgression will result in disciplinary action not intended however. And judicial candidates may engage only in very limited political activity during their campaigns office! For civil liability or criminal prosecution for Public election '' includes primary and general elections it... Executor, administrator, trustee, and guardian compensation or income of a property... Garbus, KLEIN & amp ; SELZ, P.C does this mean that lawyers can not support judicial also... Is a motion to recuse ( 2013 ). ] govern conduct of judges and Others Running Public. A basis for civil liability or criminal prosecution counsellors in his Court our Compliance bundles curated! The most recent version of the law in your jurisdiction legal industry Power in law Awards! 161 ( 2d Cir before him knowledge may be inferred from circumstances very limited political activity their! A remarkable difference in the case we load this page, a violation., nonpartisan elections and retention elections of this Part are not designed or as... Not be interested in costs or compensation of attorneys or counsellors in his...., 70 N.Y.2d 403, 407 [ 1987 ] of reason can be located the... Be inferred from circumstances the basis of plaintiff & # x27 ; s motion to compel my recusal testify as... In costs or compensation of attorneys or counsellors in his Court 8 ( ). Intended to govern conduct of judges and judicial candidates something other than rulings in the campaign, judges! Load this page 161 ( 2d Cir from practicing in cause which has been before.!
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