N.Y. Comp. Codes R. & Regs. tit. 22 § 100.0

Current through Register Vol. 46, No. 50, December 11, 2024

Section 100.0 - Terminology

The following terms used in this Part are defined as follows:

(A) A candidate is a person seeking selection for or retention in public office by election. A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions.

(B) Court personnel does not include the lawyers in a proceeding before a judge.

(C) The degree of relationship is calculated according to the civil law system. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. The sixth degree of relationship includes second cousins.

(D) Economic interest denotes ownership of a more than de minimus legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that:

(1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest;

(2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, cultural, fraternal or civic organization, or service by a judge's spouse or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization;

(3) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization, unless a proceeding pending or impending before the judge could substantially affect the value of the interest;

(4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities;

(5) de minimus denotes an insignificant interest that could not raise reasonable questions as to a judge's impartiality.

(E) Fiduciary includes such relationships as executor, administrator, trustee, and guardian.

(F) Knowingly, knowledge, known or knows denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

(G) Law denotes court rules as well as statutes, constitutional provisions and decisional law.

(H) Member of the candidate's family denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship.

(I) Member of the judge's family denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the judge maintains a close familial relationship.

(J) Member of the judge's family residing in the judge's household denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household.

(K) Nonpublic information denotes information that, by law, is not available to the public. Nonpublic information may include but is not limited to: information that is sealed by statute or court order, impounded or communicated in camera; and information offered in grand jury proceedings, presentencing reports, dependency cases or psychiatric reports.

(L) A part-time judge, including an acting part-time judge, is a judge who serves repeatedly on a part-time basis by election or under a continuing appointment.

(M) Political organization denotes a political party, political club or other group, the principal purpose of which is to further the election or appointment of candidates to political office.

(N) Public election includes primary and general elections; it includes partisan elections, nonpartisan elections and retention elections.

(O) Require. The rules prescribing that a judge require certain conduct of others, like all of the rules in this Part, are rules of reason. The use of the term require in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control.

(P) Rules; citation. Unless otherwise made clear by the citation in the text, references to individual components of the rules are cited as follows:

Part refers to Part 100

section refers to a provision consisting of 100 followed by a decimal (100.1)

subdivision refers to a provision designated by a capital letter (A).

paragraph refers to a provision designated by an arabic numeral (1)

subparagraph refers to a provision designated by a lower-case letter (a).

(Q) Window period denotes a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non- judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting.

(R) Impartiality denotes absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge.

(S) An independent judiciary is one free of outside influences or control.

(T) Integrity denotes probity, fairness, honesty, uprightness and soundness of character. Integrity also incluses a firm adherence to this Part or its standard of values.

(U) A pending proceeding is one that has begun but not yet reached its final disposition.

(V) An impending proceeding is one that is reasonably foreseeable but has not yet been commenced.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 100.0