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 100.0 - Terminology

Current through Register Vol. 46, No. 28, July 10,
					 2024
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. A person becomes a candidate for public office as soon as he or she
					 makes a public announcement of candidacy, or authorizes solicitation or
					 acceptance of contributions.
(B) Court personnel does not include
					 the lawyers in a proceeding before a judge.
(C) The degree of relationship is
					 calculated according to the civil law system. That is, where the judge and the
					 party are in the same line of descent, degree is ascertained by ascending or
					 descending from the judge to the party, counting a degree for each person,
					 including the party but excluding the judge. 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. 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. The sixth degree of relationship includes second cousins.
(D) Economic interest denotes
					 ownership of a more than de minimus legal or equitable interest, or a
					 relationship as officer, director, advisor or other active participant in the
					 affairs of a party, except that:
(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;
(5)
					 de minimus denotes an insignificant interest that could not raise reasonable
					 questions as to a judge's impartiality.