§Why CasetextPricing

In the Matter of Working Families Party, Appellant,v.Fern A. Fisher,, et al., Respondents.

Brief

33 Cited authorities

  1. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 576 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  2. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 237 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).

  3. Matter of Dondi v. Jones

    40 N.Y.2d 8 (N.Y. 1976)   Cited 251 times
    In Matter of Dondi v Jones (40 N.Y.2d 8, 13, supra), we recognized that prohibition would be an appropriate remedy if it were found that a Special Prosecutor was exceeding the authority conferred upon him through Executive Order by prosecuting a particular criminal defendant under an existing indictment.

  4. People v. Shinkle

    51 N.Y.2d 417 (N.Y. 1980)   Cited 114 times
    In People v. Shinkle (51 N.Y.2d 417), citing to the ABA Standards Relating to Prosecution Function and the Code of Professional Responsibility, this Court held that "[d]efendant, and indeed the public at large, are entitled to protection against the appearance of impropriety and the risk of prejudice attendant on abuse of confidence, however slight * * *" (id. at 421).

  5. People v. Adams

    2013 N.Y. Slip Op. 2107 (N.Y. 2013)   Cited 38 times
    In Adams, the Court of Appeals held that the District Attorney's refusal to permit defendant to plead guilty to a reduced charge because the complainant, a sitting judge who presided over cases involving that District Attorney's Office, insisted that the matter go to trial, demonstrated an "unacceptably great appearance of impropriety" (id. at 613, 964 N.Y.S.2d 495, 987 N.E.2d 272).

  6. Soares v. Herrick

    2012 N.Y. Slip Op. 8055 (N.Y. 2012)   Cited 38 times
    In Soares, the District Attorney of Albany County stated his intention not to prosecute a case in which he did not believe.

  7. People v. Soddano

    86 N.Y.2d 727 (N.Y. 1995)   Cited 68 times
    Holding that it was permissible for the district attorney to delegate the prosecution of the traffic infraction to the complainant state trooper

  8. United States v. Goot

    894 F.2d 231 (7th Cir. 1990)   Cited 80 times
    Holding that the United States Attorney's Office was not required to be disqualified though the prosecutor previously represented the defendant until he was appointed as the United States Attorney for the Northern District of Indiana because the government sufficiently screened the prosecutor from the prosecution of the defendant

  9. People v. Herr

    86 N.Y.2d 638 (N.Y. 1995)   Cited 39 times
    Ruling that the appearance of impropriety alone is not sufficient to require sanction or disqualification in the absence of actual prejudice or substantial risk

  10. Matter of McGinley v. Hynes

    51 N.Y.2d 116 (N.Y. 1980)   Cited 64 times
    Finding the issuance of a writ of prohibition is appropriate in extraordinary circumstances against an inferior judicial tribunal or officer, but questioning whether a writ of prohibition is ever appropriate when prosecutor is carrying out purely investigatory function as opposed to quasi-judicial or judicial behavior

  11. Section 701 - Special district attorney

    N.Y. County Law § 701   Cited 141 times

    1. Whenever the district attorney of any county and such assistants as he or she may have shall not be in attendance at a term of any court of record, which he or she is by law required to attend, or are disqualified from acting in a particular case to discharge his or her duties at a term of any court, a superior criminal court in the county wherein the action is triable may, by order: (a) appoint some attorney at law having an office in or residing in the county, or any adjoining county, to act

  12. Section 9 - Deputies, their appointment, number and duties

    N.Y. Pub. Off. Law § 9   Cited 34 times

    Every deputy, assistant, or other subordinate officer, whose appointment or election is not otherwise provided for, shall be appointed by his principal officer, board or other body, and the number thereof, if not otherwise prescribed by law, shall be limited in the discretion of the appointing power. If there is but one deputy, he shall, unless otherwise prescribed by law, possess the powers and perform the duties of his principal during the absence or inability to act of his principal, or during

  13. Section 702 - Assistant district attorneys

    N.Y. County Law § 702   Cited 32 times

    1. The board of supervisors shall have power to authorize the district attorney to appoint one or more assistant district attorneys. Every such appointment shall be in a writing filed and recorded in the office of the county clerk. The person appointed shall take the prescribed oath of office and furnish any required official undertaking. Any appointment may be revoked at any time by the district attorney by filing a written revocation in the office of the county clerk. 2. The assistant shall perform

  14. Section 26 - Judge

    N.Y. Gen. Constr. Law § 26   Cited 3 times

    The term "judge" includes every judicial officer authorized, alone or with others, to hold or preside over a court of record. It also includes a justice, surrogate, recorder, Town Justice, Village Justice, City Justice or other judicial officer authorized or required to act or prohibited from acting in or with respect to the matter or thing referred to in the provision wherein that word is used. N.Y. Gen. Constr. Law § 26

  15. Section 0.136 - Reserved

    28 C.F.R. § 0.136

    28C.F.R. §0.136 Order No. 840-79, 44 FR 43468, 7/25/1979. Redesignated by Order No. 2650-2003, 68 FR 4926, 1/31/2003. Further redesignated by Order No. 3229-2010, 75 FR 70123, 11/17/2010; 81 FR 72693, 10/21/2016