New York Colored Judges: We Are Committed To Equal Treatment | Opinion (2023)

FAQs

What is the zero tolerance policy in NYS courts? ›

1. Commitment from the Top – affirming the New York State Unified Court System's zero tolerance for any and all forms of racial bias, discrimination or harassment, whether implicit or explicit and is committed to upholding and reinforcing that policy.

These include majority opinions, plurality opinions, concurring opinions, per curiam opinions, and dissenting opinions.

A unanimous opinion is one in which all of the justices agree and offer one rationale for their decision. A majority opinion is a judicial opinion agreed to by more than half of the members of a court.

More specifically, federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.

Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

Judiciary Law § 470: A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state.

Each opinion sets out the Court's judgment and its reasoning and may include the majority or principal opinion as well as any concurring or dissenting opinions. All opinions in a single case are published together and are prefaced by a syllabus prepared by the Reporter of Decisions that summarizes the Court's decision.

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.

Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.

What do you call a judge out of respect? ›

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”

One Constitutional right a defendant holds is that of a fair trial. Included with this right, is the right to have a judge with no actual bias against the defendant nor interest in the outcome of the defendant's case.

Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

Stare decisis, Latin for to stand by things decided, ¹. The full Latin phrase is stare decisis et non quieta movere—stand by the thing decided and do not disturb the calm.

Three factors come into play when it comes to court proceedings: relevance, materiality, and weight of the evidence given by witnesses during trial proceedings.

Failure to disclose; motion to compel disclosure. If a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking disclosure may move to compel compliance or a response.

A court may dismiss an action if the plaintiff “willfully fails to disclose information which the court finds ought to have been disclosed” (CPLR 3126).

Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. Unless the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy.

Any person who is summoned to serve as a juror under the provisions of this article and who notifies his or her employer to that effect prior to the commencement of a term of service shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty.

2021 New York Laws. ENV - Environmental Conservation. Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment.

What is Section 27 of the New York Judiciary law? ›

(b) In any case in which the cause of action is based upon an obligation denominated in a currency other than currency of the United States, a court shall render or enter a judgment or decree in the foreign currency of the underlying obligation.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases.

The Court's Jurisdiction

Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

The Supreme Court is the highest court in the United States. Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.

In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case. This is defined as denying certiorari.

Procedural justice speaks to four principles, often referred to as the four pillars: 1) being fair in processes, 2) being transparent in actions, 3) providing opportunity for voice, and 4) being impartial in decision making.

Once the full Court has acted on an application, the application is closed and there is no further opportunity to request the same relief. If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.

What is unethical behavior for a judge? ›

Improper or Illegal Influence:

A judge cannot allow family, social or political relationships to influence a judicial decision. Also, a judge should not hear a matter in which the judge has a conflict of interest such as a personal interest in the outcome of the case.

File a Motion for Reconsideration

Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased.

However, a judge can commit misconduct by engaging in personal behaviour that calls their judicial integrity into question. This is true even if the same behaviour would merely be considered unwise for the average citizen.

Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.

Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court.

Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.

Progress bias can cause people to make bad choices, as they think they're in a more beneficial standing than they are. Example: if someone ate healthily all week but indulges on the weekend, they're likely to overstate their positive actions while minimizing the unhealthy behavior.

By conveying respect and providing assistance to all, court employees play an important role in eliminating bias in the administration of justice. ✓ Treat judges, litigants, attorneys, witnesses, and other court personnel with equality, respect, and courtesy.

Judicial corruption includes the misuse of the scarce public funds that most governments are willing to allocate to justice, which is rarely a high priority in political terms. Judicial corruption also greatly reduces the usefulness of judicial institutions in combating corruption itself.

Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant's 5th amendment right. To overturn a guilty verdict there must be clear evidence that offers reasonable doubt.

What is abuse of discretion review? ›

Abuse of discretion is a standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.

Court can declare a law unconstitutional; allowing Congress to override Supreme Court decisions; imposing new judicial ethics rules for Justices; and expanding transparency through means such as allowing video recordings of Supreme Court proceedings.

Ratio decidendi is Latin for "rationale for the decision." The term refers to a key factual point or chain of reasoning in a case that drives the final judgment.

“The Supreme Court applies the doctrine of stare decisis by following the rules of its prior decisions unless there is a 'special justification' — or, at least, 'strong grounds' — to overrule precedent,” the CRS report said.

5 To Haines, the factors most likely to influence judicial decisions are: (1) "direct influences" which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) "indirect and remote influences" which include: (a) legal and general ...

While the prevalence and severity of problems varies by country, the most common problems relate to consumer issues, housing, and money and debt.

The judge may consider a variety of aggravating or mitigating factors. These include whether the defendant has committed the same crime before, whether the defendant has expressed regret for the crime, and the nature of the crime itself.

Zero tolerance policies forbid people in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are required to impose a pre-determined punishment regardless of individual culpability, extenuating circumstances, or history.

What are Zero Tolerance policies? Zero Tolerance policies require schools to suspend or expel students for violating rules, no matter what extenuating circumstances there might be.

What is the legal limit for the zero tolerance law and DWI in NYS? ›

If the Breathalyzer finds that your BAC is between . 02 and . 07, you can be charged with driving after having consumed alcohol, which is a violation of the Zero Tolerance law.

Yes, New York has had a Zero Tolerance Law since 1996. The law applies to drivers under age 21 who operate motor vehicles with a blood alcohol content (BAC) of 0.02% to 0.07%.

The phrase 'Zero Tolerance' is used to describe a policy, practice, or law that provides severe penalties for a certain behavior or offense, with no exceptions made for extenuating circumstances. Example of Use: “There's a zero tolerance policy in place regarding smoking: It isn't allowed on company property at all.”

Zero tolerance has not been shown to improve school climate or school safety. Its application in suspension and expulsion has not proven an effective means of improving student behavior. It has not resolved, and indeed may have exacerbated, minority overrepresentation in school punishments.

Since 1988, all 50 states and the District of Columbia have implemented zero tolerance laws that set a limit of 0.02% BAC or lower for drivers under age 21. The 0.02 limit is equivalent to about one drink for the average person.

ABSTRACT: The zero tolerance fallacy occurs when someone advocates or adopts a zero tolerance policy towards some activity or behaviour without seeing if there is evidence to support the view that such a policy is the best or most cost-effective way of preventing or reducing the unwanted behaviour.

Companies that have put into place a zero tolerance policy in place have made it clear that certain behaviors will not be tolerated under any circumstances. They have also stated that, should employees break the rules outlined in the policy, there will be consequences, such as termination.