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Part 100 of the Rules of the Chief Administrator of the Courts Governing Judicial Conduct

22 NYCRR Part 100

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Section 100.0 Terminology.

The folloing terms used in this Part are defined as follos!

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"R# $%m&artialit'$ denotes a(sence of (ias or &re)udice in favor of* or against* &articular &arties or classes of

 &arties* as ell as maintaining an o&en mind in considering issues that ma' come (efore the )udge+

",# An $inde&endent$ )udiciar' is one free of outside influences or control+

"T# $%ntegrit'$ denotes &ro(it'* fairness* honest'* u&rightness and soundness of character+ $%ntegrit'$ also

includes a firm adherence to this Part or its standard of values+

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Section 100.3 A judge shall perform the duties of judicial office impartially and diligently.

"A# Judicial duties in general+ The )udicial duties of a )udge ta-e &recedence over all the )udge.s other

activities+ The )udge.s )udicial duties include all the duties of the )udge.s office &rescri(ed (' la+ %n the

 &erformance of these duties* the folloing standards a&&l'+

"/# Ad)udicative Res&onsi(ilities+

"1# A judge shall be faithful to the law and maintain &rofessional com&etence in it+ A judge shall not be

swayed by partisan interests* &u(lic clamor or fear of criticism+

"2# A )udge shall reuire order and decorum in &roceedings (efore the )udge+

"# A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers  and others

ith hom the )udge deals in an official ca&acit'* and shall reuire similar conduct of la'ers* and of staff*

court officials and others su()ect to the )udge.s direction and control+

"# A judge shall perform judicial duties without bias or prejudice against or in favor of any person + A )udge in the &erformance of )udicial duties shall not* (' ords or conduct* manifest (ias or &re)udice* including

 (ut not limited to (ias or &re)udice (ased u&on age* race* creed* color* se3* se3ual orientation* religion* national

origin* disa(ilit'* marital status or socioeconomic status* and shall reuire staff* court officials and others

su()ect to the )udge.s direction and control to refrain from such ords or conduct+

"4# A )udge shall reuire la'ers in &roceedings (efore the )udge to refrain from manifesting* (' ords or

conduct* (ias or &re)udice (ased u&on age* race* creed* color* se3* se3ual orientation* religion* national origin*

disa(ilit'* marital status or socioeconomic status* against &arties* itnesses* counsel or others+ This &aragra&h

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does not &reclude legitimate advocac' hen age* race* creed* color* se3* se3ual orientation* religion* national

origin* disa(ilit'* marital status or socioeconomic status* or other similar factors are issues in the &roceeding+

"5# A judge shall accord to every person who has a legal interest in a proceeding, or that persons lawyer,

the right to be heard according to law+ A )udge shall not initiate* &ermit* or consider e3 &arte

communications* or consider other communications made to the )udge outside the &resence of the &arties or

their la'ers concerning a &ending or im&ending &roceeding* e3ce&t!

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"6# 6isci&linar' Res&onsi(ilities+

"1# A )udge ho receives information indicating a su(stantial li-elihood that another )udge has committed a

su(stantial violation of this Part shall ta-e a&&ro&riate action+

"2# A judge who receives information indicating a substantial li!elihood that a lawyer has committed a

substantial violation of the "ode of #rofessional $esponsibility shall ta!e appropriate action +

"# Acts of a )udge in the discharge of disci&linar' res&onsi(ilities are &art of a )udge.s )udicial duties+

%&' (is)ualification.

%1' A judge shall dis)ualify himself or herself in a proceeding in which the judges impartiality might

reasonably be )uestioned, including but not limited to instances where !

%a' %i' the judge has a personal bias or prejudice concerning a party or "ii# the )udge has &ersonal

-noledge of dis&uted evidentiar' facts concerning the &roceeding7

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"8# Remittal of 6isualification+ A )udge disualified (' the terms of su(division "9#* e3ce&t su(&aragra&h "1#

"a#"i#* su(&aragra&h "1#"(#"i# or "iii# or su(&aragra&h "1#"d#"i# of this section* ma' disclose on the record the

 (asis of the )udge.s disualification+ %f* folloing such disclosure of an' (asis for disualification* the &arties

ho have a&&eared and not defaulted and their la'ers* ithout &artici&ation (' the )udge* all agree that the

 )udge should not (e disualified* and the )udge (elieves that he or she ill (e im&artial and is illing to

 &artici&ate* the )udge ma' &artici&ate in the &roceeding+ The agreement shall (e incor&orated in the record of

the &roceeding+