N.Y. Comp. Codes R. & Regs. tit. 22 § 701.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 701.5 - Disqualification of judge

The judge before whom the alleged contumacious conduct occurred is disqualified from presiding at the plenary hearing or trial (as distinguished from summary action) except with the defendant's consent:

(a) if the allegedly contumacious conduct consists primarily of personal disrespect to or vituperative criticism of the judge; or

(b) if the judge's recollection of, or testimony concerning the conduct allegedly constituting contempt, is necessary for an adjudication; or

(c) if the judge concludes that in view of his recollection of the events he would be unable to make his decision solely on the basis of the evidence at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 701.5