lawyer who sue judges in nyc

by Prof. Anthony Christiansen MD 10 min read

Why did justice Siegal sue the Chief Judge of New York?

So Justice Siegal did something judges almost never do: She and nine other judges joined in two lawsuits against the state’s chief judge, Janet DiFiore, and an administrative board that had voted unanimously to let the older judges go. The suits charged the judges had been victims of age discrimination.

What happened to the two judges who sued the Supreme Court?

Lawyers for the judges who sued, Y. David Scharf and Alan M. Klinger, said they hoped for a favorable ruling before year’s end. A judge said late Friday that he would hear arguments on the dispute on Dec. 29. But with all the uncertainty, judges have been preparing to depart.

Can you sue a judge?

Only in rare circumstances can you sue a judge. In order to find out if your situation qualifies in the United States, you will need to meet with an attorney. The process discussed in this article applies only to the United States. Identify judicial acts. Judges in the United States are immune from suit for any “judicial act” that they perform.

Can you sue a judge for violating the Code of conduct?

According to the Code of Conduct for the United States’ Court System, the following cannons (reasons) are standards that a judge should uphold. To highlight, you can sue a judge if he/she violates the following: A Judge Should Uphold the Integrity and Independence of the Judiciary.

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Who can sue Judge?

Judges are typically immune from a lawsuit. You cannot sue judges for actions they took in their official capacity. For example, a judge who decides a case against you cannot be sued. Only in rare circumstances can you sue a judge.

How much does it cost to sue someone NYC?

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $10,000.00, there is a fee of $20.00.

How do I file a civil lawsuit in NY?

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

Can I sue the city of New York?

If you have a case against the city or state of New York, you cannot go it alone and need the advice of a skilled and experienced lawyer. Generally, you can file against the city of New York almost any type of negligence claim you would bring against an individual defendant.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What things can you sue someone for?

Generally, you can sue a person for violating your legal rights if you suffered a loss. This includes: if someone breaks an agreement; if someone damages your personal property; if someone owes you money or; if someone causes you to suffer a physical injury.

Can you sue a judge?

Judicial Immunity: You Can't Sue the Judge – Supreme Advocacy.

Can you go to jail for a civil lawsuit?

Civil law also settles disputes between individuals and organisations. If you are convicted of a civil offence, you are not likely to be sent to prison, but most often will become liable for compensation.

What type of cases are handled in civil court?

Cases that are handled in civil court include:Damage to property.Probate issues.Family issues.Divorce.Landlord and tenant disputes.Juvenile misconduct.Back rent.Unpaid personal loans.

How long does it take to sue the city of New York?

Suing the city begins with a Notice of Claim to be filed within 90 days of the incident. The city then has 30 days within which to request a hearing.

How do I sue the state of New York?

If you are suing the State of New York (or one of the state's authorities), your case will be heard in the New York State Court of Claims. To start the case, a claim is filed with the Clerk of the Court, and a copy must be served on the Attorney General.

How long do you have to file a lawsuit in New York?

In New York City, a filing usually must be made within 90 days of an incident.

What to do if you believe a judge violated the rules of judicial conduct?

If you believe a judge or other court personnel has violated the Rules of Judicial Conduct, you can file a complaint about the judge or court personnel with the New York State Commission on Judicial Conduct.

What to do if you believe a lawyer has violated the New York Code of Professional Responsibility?

If you believe a lawyer has violated the New York Code of Professional Responsibility, you can file a complaint about the lawyer with the Disciplinary Committee or Grievance Committee in the area where the lawyer is located. The complaint can be about the delay or neglect of your case, misrepresentation, conflict of interest, or mishandling of money. You can learn more about complaints regarding attorneys here.

How many judges are losing in the Bronx?

Critics like State Senator Brad Hoylman, a Manhattan Democrat who chairs the Senate judiciary committee, have said the cuts would be particularly severe in the Bronx, which is losing eight judges, and in Queens and Manhattan, which are losing six each.

How much do trial judges make?

Many have worked so many years for the state that their pensions would be close to their salaries, they said. Trial judges earn about $210,000, and appellate judges about $222,000.

How old was Justice Siegal when she retired?

Justice Siegal was just a few months short of 70, the state’s retirement age for judges. She could apply to continue serving, in two-year increments, until she was 76. But she first had to get medical clearance.

What is the significance of Judge DiFiore's decision?

As a practical matter, Judge DiFiore’s decision means the state courts in New York City are losing an enormous number of their most experienced jurists at a time when the system is already struggling with backlogs created by the pandemic.

When do Supreme Court Justices retire?

The state Constitution mandates Supreme Court justices must be re-elected at the end of each 14-year term and retire on Dec. 31 of the year they turn 70, one lawsuit noted.

Did Justice Siegal sue Janet DiFiore?

So Justice Siegal did something judges almost never do: She and nine other judges joined in two lawsuits against the state’s chief judge, Janet DiFiore, and an administrative board that had voted unanimously to let the older judges go. The suits charged the judges had been victims of age discrimination.

How to find a civil rights lawyer?

You can find a civil rights attorney by visiting your state's bar association, which should run a referral program. You may be worried about the cost of a lawyer.

How to prove that a judge is guilty?

You will prove this by introducing documents and questioning witnesses. As the plaintiff, your lawyer will go first. After you present all of your evidence, the defendant judge goes next.

What is the immunity of a judge?

Identify judicial acts. Judges in the United States are immune from suit for any “judicial act” that they perform. This immunity applies even when the judge acts maliciously or corruptly. This is a very broad protection for judges. Generally, the acts a judge performs during your trial or case will be “judicial” and therefore immune. Common judicial acts include:

What are the acts of a judge?

Common judicial acts include: Ruling on motions. Deciding issues, like child custody, alimony, and child support, as well as the outcome of a civil or criminal case when the judge is acting as the finder of fact.

What is a motion for summary judgment?

The judge may also file a motion for summary judgment. This motion argues that there are no issues of material fact in dispute and that the judge is entitled to judgment as a matter of law.

Can a judge be sued?

You cannot sue judges for actions they took in their official capacity. For example, a judge who decides a case against you cannot be sued. Only in rare circumstances can you sue a judge. In order to find out if your situation qualifies in the United States, you will need to meet with an attorney.

Do civil rights lawyers charge fees?

This means that the defendant would have to pay for your lawyer if you prevailed. Second, many civil rights attorneys will represent you on “contingency.”. Under this arrangement, the lawyer will not charge legal fees. Instead, you will pay a portion of any amount awarded to you at trial.

How to file a lawsuit against a judge?

Below are the steps you’ll need to take to file a lawsuit against a judge on the grounds of bias or civil rights violations. File a Complaint (Section 1983 Cases) Defend Against A Motion to Dismiss – Protect your case against “judicial immunity” and prove that the violation existed outside of the scope of the law.

How to defend against a judge?

Defend your case against the fact that there will be “no issues of material and that the judge is by-law entitled to judgment”. Prepare Testimony and Go to Trial. Practice testimony, memorize the facts of your case and defend why you are suing. Appeal if Necessary.

What is the role of a judge in the court system?

Notably, a judge must maintain and enforce extremely high standards of ethical and moral conduct ; both inside and outside of the courthouse. A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities. For example, a judge must:

What should a judge not do?

A Judge Should Refrain from Political Activity. To emphasize, a judge should not: Act as a political leader. Make speeches for a political organization or candidate. Solicit funds or make contributions to a political organization. Run for political office. Engage in any other political activity.

What are the duties of a judge?

A Judge Should Perform the Duties of the Office Fairly, Impartially, and Diligently. To emphasize, a judge should perform their duties with respect for others, not engaging in behavior that is abusive, prejudiced, or biased. For instance, they must maintain professional competence, patience, impartiality, and equity.

What is civil rights violation?

A civil rights violation is an offense that occurs as a result of a threat of force against a victim by the offender (in this case, a judge) on the basis of the following protected categories: Race. Color. Age. Gender.

Is a judge immune to bias?

Judges are just as human as we are and are not immune to bias, mistakes, and even intentional miscarriages of justice. Judicial misconduct occurs when a judge acts in an unethical manner, violating their obligations of impartial conduct.

Why was Janet DiFiore sued?

Chief Judge Janet DiFiore was sued over a decision to oust older judges in an austerity move. Henry Greenberg was hired to defend it. Ethics experts who spoke with the Law Journal say she should have told the lawyers in a separate case where she cast a deciding vote.

Who is the attorney for Jewish Home Lifecare?

17. Greenberg started representing DiFiore in the austerity measure litigation about two weeks before the ruling in the zoning case, according to the court system.

Is the Chief Judge represented in the austerity litigation?

The chief judge is being represented in her official capacity in the austerity litigation, the court system has said. Despite that connection to Greenberg, DiFiore weighed in on the zoning case and ruled in favor of Jewish Home Lifecare. Greenberg did not argue before the Court of Appeals in the zoning case. But, two briefs identified him as an ...

Did the Chief Judge disclose the connection?

Alfini said it’s perplexing that the chief judge didn’t disclose the connection. A state Court of Appeals spokesman did not answer questions from the Law Journal and did not make DiFiore available for an interview.

Was DiFiore involved in the oust of the judges?

But DiFiore was personally involved in the decision to oust the judges and Greenberg was charged with defending that position in court, he said. Although DiFiore won’t be exposed to personal financial losses, she’s still going to be invested in how the case plays out, he said.

Administrative Law Judges in New York, NY

Here is a complete directory of nearly every available Administrative Law Judges in New York, NY.

Gail Cookson New York, NY

Administrative Law Judge • Mediator • Of Counsel • Attorney General • Law Specialist • Legal Counsel • Jurist • Lawyer • Chief Administrative Officer • Owner • Chief Executive • Apprentice • Finisher • Grinding and Polishing Worker • Student Worker

Charles Simmons New York, NY

Trial Lawyer • General Counsel • Administrative Law Judge • Lawyer • Mediator • Of Counsel • Jurist • Legal Counsel • Commissioner • Advisor • Real Estate Manager • Property Manager • Licensed Real Estate Broker • Representative • Spokesperson • Recognition • Non-Profit • Speaker • Moderator • Philanthrope • Chief Executive • Chairperson • Chief Administrative Officer • Author.

Michael Rosenblatt New York, NY

Commissioner • Trial Lawyer • Administrative Law Judge • Assistant Counsel • Jurist • Legal Counsel • Mediator • Lawyer • General Counsel • Chief Administrative Officer • Chief Executive • Instructor • Secretary • Psychologist • Juris Doctor • Pedagogue • Board Member • Real Estate Manager • Property Manager • Licensed Real Estate Broker • Operations Manager • Management Team Executive • Psychology Specialist.

Jason Stern New York, NY

Criminal Defense Lawyer • Defense Attorney • Lawyer • Jurist • Legal Counsel • School Principal • School Administrator • Educational Manager • Law Teacher

Nicole Beason New York, NY

Administrative Law Judge • Notary Public • Notary • Lawyer • Chief Administrative Officer • Chief Executive • Chairperson • Operations Manager • Policy Analyst • Analysts • Equal Employment Opportunity Officer • Employee Placement Specialist • Recruitment • Juris Doctor

Dennis Torreggiani New York, NY

Administrative Law Judge • Law Specialist • Lawyer • Supporting Member • Team Member • Chairperson • Chief Executive

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