New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 100 - Judicial Conduct › Section 100.3 - A judge shall perform the duties of judicial office impartially and diligently

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(A) Judicial duties in general. The
					 judicial duties of a judge take precedence over all the judge's other
					 activities. The judge's judicial duties include all the duties of the judge's
					 office prescribed by law. In the performance of these duties, the following
					 standards apply.
(B)
					 Adjudicative responsibilities.
(1) A judge shall be faithful to the
					 law and maintain professional competence in it. A judge shall not be swayed by
					 partisan interests, public clamor or fear of criticism.
(2) A judge shall require
					 order and decorum in proceedings before the judge.
(3) A judge shall be patient,
					 dignified and courteous to litigants, jurors, witnesses, lawyers and others
					 with whom the judge deals in an official capacity, and shall require similar
					 conduct of lawyers, and of staff, court officials and others subject to the
					 judge's direction and control.
(4) A judge shall perform judicial
					 duties without bias or prejudice against or in favor of any person. 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 up on
					 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.
(5) A judge
					 shall require lawyers in proceedings before the judge to refrain from
					 manifesting, by words or conduct, bias or pre judice 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. This paragraph does not preclude
					 legitimate advocacy when age, race, creed, color, sex, sexual orientation,
					 religion, national origin, disability, marital status or socioeconomic status,
					 or other similar factors are issues in the proceeding.
(6) A judge shall accord to
					 every person who has a legal interest in a proceeding, or that person's lawyer,
					 the right to be heard according to law. A judge shall not initiate, permit, or
					 consider ex parte communications, or consider other communications made to the
					 judge outside the presence of the parties or their lawyers concerning a pending
					 or impending proceeding, except:
(a) Ex parte communications that are
					 made for scheduling or administrative purposes and that do not affect a
					 substantial right of any party are authorized, provided the judge reasonably
					 believes that no party will gain a procedural or tactical advantage as a result
					 of the ex parte communication, and the judge, insofar as practical and
					 appropriate, makes provision for prompt notification of other parties or their
					 lawyers of the substance of the ex parte communication and allows an
					 opportunity to respond.
(b) A judge may obtain the advice of a
					 disinterested expert on the law applicable to a proceeding before the judge if
					 the judge gives notice to the parties of the person consulted and a copy of
					 such advice if the advice is given in writing and the substance of the advice
					 if it is given orally, and affords the parties reasonable opportunity to
					 respond.
(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.
(d) A judge, with the consent
					 of the parties, may confer separately with the parties and their lawyers on
					 agreed-upon matters.
(e) A judge may initiate or consider
					 any ex parte communications when authorized by law to do so.
(7) A judge shall
					 dispose of all judicial matters promptly, efficiently and fairly.
(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. The judge shall require similar abstention on
					 the part of court personnel subject to the judge's direction and control. 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. This paragraph does not apply to proceedings in which
					 the judge is a litigant in a personal capacity.
(9) A judge shall not:
(a) make pledges or promises
					 of conduct in office that are inconsistent with the impartial performance of
					 the adjudicative duties of the office;
(b) 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.
(10) A judge shall not commend or
					 criticize jurors for their verdict other than in a court order or opinion in a
					 proceeding, but may express appreciation to jurors for their service to the
					 judicial system and the community.
(11) A judge shall not disclose or use,
					 for any purpose unrelated to judicial duties, nonpublic information acquired in
					 a judicial capacity.
(12) It is not a violation of this Rule
					 for a judge to make reasonable efforts to facilitate the ability of
					 unrepresented litigants to have their matters fairly heard.