Making, Defending & Avoiding Complaints About Judicial Conduct

Originally held on Tuesday, March 8, 2016| 6:00 pm – 9:00 pm

PROGRAM CHAIR
Brett J. Nomberg

Brand Brand Nomberg & Rosenbaum, LLP

  • This program is designed to help educate the bar and judiciary about the system and recourse available in the context of judicial conduct, from the people involved in the system on a daily basis. The panel will address the procedures, the recourse, which complaints are taken more seriously and which are not, and what can be done on both sides to avoid such complaints.

    DVDs & CDs: $149 Member | $249 Nonmember
    On-Demand: $119 Member | $219 Nonmember
    Materials Only (No CLE Credit): $99 Member | $129 Nonmember 

    * New York residents will be charged the New York sales tax for all audio visual purchases.

  • Mark H. Levine
    Deputy Administrator
    New York State Commission on Judicial Conduct

    Hon. Peter H. Moulton                                                         
    Administrative Judge for Civil Matters
    First Judicial District

    Deborah A. Scalise                                                                
    Scalise and Hamilton LLP

  • 6:00 pm – 6:10 pm

     Introduction

    • About the panelists
    • Questions encouraged during discussion (excluding pending cases or judicial opinions)

    Brett J. Nomberg, Brand Brand Nomberg & Rosenbaum, LLP – Chair of Tort Litigation Committee

    6:10 pm – 7:00 pm

    How Ethical Complaints Against a Judge are Administered by the NYS Commission on Judicial Conduct

    • The legal authority for the Commission on Judicial Conduct
    • The membership/staff of the Commission
    • How complaints are filed and the manner by which they are processed
    • The investigation and resolution of complaints
    • The potential outcomes from a complaint
    • Mitigating and aggravating circumstances that are considered by the Commission
    • What decisions by the Commission are made public
    • General statistics of Supreme/Civil Court judges admonished, censured or removed
    • A general discussion of the Rules Governing Judicial Conduct
    • Rule 100.3(3) – Requirement that a judge shall be patient, dignified and courteous to attorneys and others
    • Concerns about judicial retaliation

    Mark Levine, NYC Deputy Administrator, N.Y.S. Commission on Judicial Conduct

    7:00 pm – 7:50 pm

    How Complaints Against a Judge are Handled by the Administrative Judge in New York County

    • The job duties of the Administrative Judge
    • What complaints are appropriate for the Administrative Judge vs. the Commission
    • How should the Administrative Judge be contacted
    • What are the most common complaints made by attorneys
    • What types of complaints are considered serious to warrant intervention
    • What powers does the Administrative Judge have to address complaints against a Judge
    • Suggestion to attorneys having a conflict with a judge
    • Suggestions to judges to avoid ethical complaints
    • Ethical Rule 100.3(3) – Civility towards attorneys and litigants

    Hon. Peter H. Moulton, J.S.C., Administrative Judge, 1st Judicial District

    7:50 pm – 8:00 pm  BREAK
    8:00 pm – 8:50 pm

    Defending a Judge Who has an Ethical Complaint Made Against Him or Her

    • A discussion of the Ethical rules from the perspective of the judge’s attorney, Rule 100.0-100.6
    • Most common ethical complaints against Supreme/Civil Court Judges by lawyers and non-lawyers
    • Instructive war stories
    • How to successfully defend a judge before the Commission for alleged ethical violations
    • Procedural and substantive rights of the judge
    • Best advice and recommendations to avoid ethical complaints
    • Suggestions to judges to avoid ethical complaints
    • Suggestions to judges once a complaint is made

    Deborah A. Scalise, Scalise & Hamilton, LLP

    8:50 pm – 9:00 pm Q&A

     

  • This program provides 3.0 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.

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    * New York residents will be charged the New York sales tax for all audio visual purchases.

  • Sponsoring Association Committee:
     Tort Litigation | Brett J. Nomberg, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org 
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