Requires judges who recuse themselves to provide the reason for the recusal; provides an exception when the reason for the recusal will result in embarrassment or is of a personal nature.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9542a
SPONSOR: Wallace TITLE OF BILL:
An act to amend the judiciary law, in relation to requiring judges who
recuse themselves to provide the reason for the recusal
PURPOSE OR GENERAL IDEA OF BILL:
To increase the transparency of judicial recusals.
SUMMARY OF PROVISIONS:
Section 1 adds a new Section to the Judiciary Law, requiring judges to
provide a written reason, on the record, for why they recused them-
selves. Exceptions are provided.
Section 2. Effective date.
JUSTIFICATION:
Judicial recusal is an important mechanism to safeguard the perception
of judicial integrity. A judge must currently disqualify themselves from
presiding over a matter when they doubt their ability to preside. impar-
tially. Currently, judges also have total discretion to recuse them-
selves without giving a reason. Yet without written order specifically
justifying the recusal, it is difficult to tell whether the disquali-
fication was really necessary.
This legislation would require a judge to give a written reason or one
on the record when he or she decides to recuse himself or herself. This
new requirement will help improve the transparency of the judicial deci-
sion-making process. However, the legislation also recognizes there are
times when judges must recuse themselves due to a personal nature that
would be either embarrassing to reveal or would be a breach of privacy.
An exemption is permitted in those circumstances.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9542--A
R. R. 189
IN ASSEMBLY
January 24, 2020
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Judiciary -- reported and referred to the Committee on Rules --
amended on the special order of third reading, ordered reprinted as
amended, retaining its place on the special order of third reading
AN ACT to amend the judiciary law, in relation to requiring judges who
recuse themselves to provide the reason for the recusal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The judiciary law is amended by adding a new section 9 to
2 read as follows:
3 § 9. Recusal; reason. Any judge who recuses himself or herself from
4 sitting in or taking any part in the decision of an action, claim,
5 matter, motion or proceeding shall provide the reason for such recusal
6 in writing or on the record; provided, however, that no judge shall be
7 required to provide a reason for such recusal when the reason may result
8 in embarrassment, or is of a personal nature, affecting the judge or a
9 person related to the judge within the sixth degree by consanguinity or
10 affinity.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14485-05-0
