New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 604 - Court Decorum › Section 604.1 - Obligation of attorneys and judges

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Application of rules. This Part
						  shall apply to all actions and proceedings, civil and criminal, in courts
						  subject to the jurisdiction of the Appellate Division of the Supreme Court in
						  this Judicial Department. It is intended to supplement but not to supersede the
						  Rules of Professional Conduct (Part 1200 of this Title) and the rules governing
						  judicial conduct as promulgated by the Administrative Board of the Judicial
						  Conference. In the event of any conflict between the provisions of this Part
						  and the Rules of Professional Conduct, or the rules governing judicial conduct,
						  the Rules of Professional Conduct, and the rules governing judicial conduct
						  shall prevail.
(b)
						  Importance of decorum in court. The courtroom, as the place where justice is
						  dispensed, must at all times satisfy the appearance as well as the reality of
						  fairness and equal treatment. Dignity, order and decorum are indispensable to
						  the proper administration of justice. Disruptive conduct by any person while
						  the court is in session is forbidden.
(c) Disruptive conduct defined.
						  Disruptive conduct is any intentional conduct by any person in the courtroom
						  that substantially interferes with the dignity, order and decorum of judicial
						  proceedings.
(d)
						  Obligation of the attorney.
(1) The attorney is both an officer of
						  the court and an advocate. It is his professional obligation to conduct his
						  case courageously, vigorously, and with all the skill and knowledge he
						  possesses. It is also his obligation to uphold the honor and maintain the
						  dignity of the profession. He must avoid disorder or disruption in the
						  courtroom, and he must maintain a respectful attitude toward the court. In all
						  respects the attorney is bound, in court and out, by the provisions of the
						  Rules of Professional Conduct (Part 1200 of this Title).
(2) The attorney shall use his
						  best efforts to dissuade his client and witnesses from causing disorder or
						  disruption in the courtroom.
(3) The attorney shall not engage in
						  any examination which is intended merely to harass, annoy or humiliate the
						  witness.
(4)
(i) No attorney shall argue in
						  support of or against an objection without permission from the court; nor shall
						  any attorney argue with respect to a ruling of the court on an objection
						  without such permission.
(ii) However, an attorney may make a
						  concise statement of the particular grounds for an objection or exception, not
						  otherwise apparent, where it is necessary to do so in order to call the court's
						  attention thereto, or to preserve an issue for appellate review. If an attorney
						  believes in good faith that the court has wrongly made an adverse ruling, he
						  may respectfully request reconsideration thereof.
(5) The attorney has neither
						  the right nor duty to execute any directive of a client which is not consistent
						  with professional standards of conduct. Nor may he advise another to do any act
						  or to engage in any conduct which is in any manner contrary to this
						  Part.
(6) Once a
						  client has employed an attorney who has entered an appearance, the attorney
						  shall not withdraw or abandon the case without (i) justifiable cause, (ii)
						  reasonable notice to the client, and (iii) permission of the court.
(7) The attorney is not
						  relieved of these obligations by what he may regard as a deficiency in the
						  conduct or ruling of a judge or in the system of justice; nor is he relieved of
						  these obligations by what he believes to be the moral, political, social, or
						  ideological merits of the cause of any client.