could an attorney who has been appointed special referee recuse himself from hearing action

by Joelle Predovic Sr. 3 min read

Yes. However the rules make that very unlikely. There must be actual bias. Decisions that go against you are not necessarily grounds for refusal. The motion for refusal must be directed to the referee herself.

Full Answer

When does a judge have to recuse himself?

Aug 15, 2017 · 8 attorney answers Posted on Aug 21, 2017 Yes. However the rules make that very unlikely. There must be actual bias. Decisions that go against you are not necessarily grounds for refusal. The motion for refusal must be directed to the referee herself. She may be angry at what she might consider insulting. A denial however,is appealable.

How to find out if a Jho/referee has been directed?

attorneys, judicial hearing officers, or court attorneys to serve as referees. To be clear, the Rules of the Chief Judge provide that the term “special master” is not included under the term “referee” as would relate to any appointments made by any judge or justice of the unified court system (22 NYCRR 36.1 [a][9]).

Can a private referee be appointed to supervise disclosure?

The official rule states that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”. Both federal and state law holds that judges must recuse themselves if there are grounds to do so. Depending on the circumstances, judges are ...

What is a recusal in court?

The court, through its Special Referee Clerk (Room 119, 646-386-3028), will endeavor to identify all decisions in which a reference to a JHO/Referee is directed by a Justice and to calendar same promptly after issuance without the need for action by counsel. A box has been placed on the court's decision form ("gray sheet") so that the assigned ...

What reasons would a judge recuse himself?

Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome.

When appointed as judge can be removed by?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in ...

How do you disqualify a federal judge?

the disqualification of a district court judge upon the timely filing of an affidavit by a party averring that the judge has a "personal bias or prejudice" against him or in favor of the other party.

Why would the Supreme Court of the United States have to appoint a special master for some cases they consider?

In the law of the United States, a special master is generally a subordinate official appointed by a judge to make sure that judicial orders are actually followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter.

On what grounds the judges are removed?

The only conditions that can be grounds for their removal are proven misbehavior and incapacity to act as judge. Article 124 of the Constitution states that by an order of the President a Supreme Court justice can be removed from his or her office.

How are the judges of the Supreme Court appointed and removed?

Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.

Should a judge recuse himself?

Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.

What happens if a judge recuse himself?

(3)Effect of Recusal. Upon determining herself or himself to be recused, the judge shall not further participate in the proceeding unless her or his recusal is waived by the parties as provided in subdivision (c) below. (c) Waiver of Recusal by the Parties.

When should a magistrate recuse himself?

The Code of Conduct states that a judge must recuse him- or herself if there is a real or reasonably perceived conflict of interest, or if there is a reasonable suspicion of bias based upon objective facts. It furthermore states that a judge shall not recuse him- or herself on insubstantial grounds.Dec 3, 2020

What does a discovery referee do?

Discovery matters may be referred to an appointed referee when the court in any pending action determines that it is necessary for the referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.

Is a master a judge?

A master is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice.

What is a special master investigation?

A special master is appointed by a judge to oversee one or more aspects of litigation. They may be appointed pre-trial, during trial, or post-trial. Judges appoint special masters for a variety of reasons.

Mandatory Withdrawal

  • A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Rules of Professional Conduct or other law. The lawyer is not obliged to decline or withdraw simply because the client suggests such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not be constraine…
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Discharge

  • A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances. Whether a client can discharge appointed counsel may depend on applicable law. A client seeking to do so shoul…
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Optional Withdrawal

  • A lawyer may withdraw from representation in some circumstances. The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, for a lawyer is not requi...
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Assisting The Client Upon Withdrawal

  • Even if the lawyer has been unfairly discharged by the client, a lawyer must take all reasonable steps to mitigate the consequences to the client. The lawyer may retain papers as security for a fee only to the extent permitted by law. See Rule 1.15. Back to Rule | Table of Contents | Next Comment
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