N.Y. Comp. Codes R. & Regs. tit. 22 § 604.1

Current through Register Vol. 46, No. 19, May 8, 2024

Section 604.1 - Obligation of attorneys and judges

(a) Application of rules. This Part shall apply to all actions and proceedings, civil and criminal, in courts subject to the jurisdiction of the Appellate Division of the Supreme Court in this Judicial Department. It is intended to supplement but not to supersede the Rules of Professional Conduct (Part 1200 of this Title) and the rules governing judicial conduct as promulgated by the Administrative Board of the Judicial Conference. In the event of any conflict between the provisions of this Part and the Rules of Professional Conduct, or the rules governing judicial conduct, the Rules of Professional Conduct, and the rules governing judicial conduct shall prevail.

(b) Importance of decorum in court. The courtroom, as the place where justice is dispensed, must at all times satisfy the appearance as well as the reality of fairness and equal treatment. Dignity, order and decorum are indispensable to the proper administration of justice. Disruptive conduct by any person while the court is in session is forbidden.

(c) Disruptive conduct defined. Disruptive conduct is any intentional conduct by any person in the courtroom that substantially interferes with the dignity, order and decorum of judicial proceedings.

(d) Obligation of the attorney.

(1) The attorney is both an officer of the court and an advocate. It is his professional obligation to conduct his case courageously, vigorously, and with all the skill and knowledge he possesses. It is also his obligation to uphold the honor and maintain the dignity of the profession. He must avoid disorder or disruption in the courtroom, and he must maintain a respectful attitude toward the court. In all respects the attorney is bound, in court and out, by the provisions of the Rules of Professional Conduct (Part 1200 of this Title).

(2) The attorney shall use his best efforts to dissuade his client and witnesses from causing disorder or disruption in the courtroom.

(3) The attorney shall not engage in any examination which is intended merely to harass, annoy or humiliate the witness.

(4)

(i) No attorney shall argue in support of or against an objection without permission from the court; nor shall any attorney argue with respect to a ruling of the court on an objection without such permission.

(ii) However, an attorney may make a concise statement of the particular grounds for an objection or exception, not otherwise apparent, where it is necessary to do so in order to call the court's attention thereto, or to preserve an issue for appellate review. If an attorney believes in good faith that the court has wrongly made an adverse ruling, he may respectfully request reconsideration thereof.

(5) The attorney has neither the right nor duty to execute any directive of a client which is not consistent with professional standards of conduct. Nor may he advise another to do any act or to engage in any conduct which is in any manner contrary to this Part.

(6) Once a client has employed an attorney who has entered an appearance, the attorney shall not withdraw or abandon the case without (i) justifiable cause, (ii) reasonable notice to the client, and (iii) permission of the court.

(7) The attorney is not relieved of these obligations by what he may regard as a deficiency in the conduct or ruling of a judge or in the system of justice; nor is he relieved of these obligations by what he believes to be the moral, political, social, or ideological merits of the cause of any client.

(e) Obligations of the judge.

(1) In the administration of justice, the judge shall safeguard the rights of the parties and the interests of the public. The judge at all times shall be dignified, courteous, and considerate of the parties, attorneys, jurors, and witnesses. In the performance of his duties and in the maintenance of proper court decorum the judge is in all respects bound by the rules governing judicial conduct.

(2) The judge shall use his judicial power to prevent disruptions of the trial.

(3) A judge before whom a case is moved for trial shall preside at such trial unless he is satisfied, upon challenge, or sua sponte, that he is unable to serve with complete impartiality, in fact or appearance, with regard to the matter, or parties in question.

(4) Where the judge deems it appropriate in order to preserve or enhance the dignity, order and decorum of the proceedings, he shall prescribe and make known the rules relating to conduct which the parties, attorneys, witnesses and others will be expected to follow in the courtroom.

(5) The judge should be the exemplar of dignity and impartiality. He shall suppress his personal predilections, control his temper and emotions, and otherwise avoid conduct on his part which tends to demean the proceedings or to undermine his authority in the courtroom. When it becomes necessary during trial for him to comment upon the conduct of witnesses, spectators, counsel, or others, or upon the testimony, he shall do so in a firm and polite manner, limiting his comments and rulings to what is reasonably required for the orderly progress of the trial, and refraining from unnecessary disparagement of persons or issues.

(6) The judge is not relieved of these obligations by what he may regard as a deficiency in the conduct of any attorney who appears before him; nor is he relieved of these obligations by what he believes to be the moral, political, social, or ideological deficiencies of the cause of any party.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 604.1