7/18/18 N.Y. St. Reg. Court Notices

NY-ADR

7/18/18 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 29
July 18, 2018
COURT NOTICES
 
AMENDMENT OF RULE
Rules of the Chief Administrator on Governing Judicial Conduct
Pursuant to the authority vested in me, and upon consultation with the Administrative Board of the Courts, and with the approval of the Court of Appeals, I hereby amend, effective immediately, sections 100.2(D) (addressing prohibitions against membership in any organization that practices invidious discrimination), and 100.3(B)(4) and (5) (addressing the conduct of courtroom proceedings without bias or prejudice), of the Rules of the Chief Administrator Governing Judicial Conduct, to read as follows (new matter underlined):
PART 100. JUDICIAL CONDUCT
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22 NYCRR § 100.2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities
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(D) A judge shall not hold membership in any organization that practices invidious discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, national origin, disability or marital status. This provision does not prohibit a judge from holding membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members.
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22 NYCRR § 100.3(B) Adjudicative Responsibilities
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(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 upon 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 prejudice 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.
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