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Partner Presses for Recusal of Judge Who Lodged Complaint

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Partner Presses for Recusal of Judge Who Lodged Complaint

Postby innocent1997 » Thu Jan 23, 2014 2:06 pm

An article was found this week related to a residential & commercial law firm Adam Leitman recusing a civil court commercial divison judge. Although not directly related to housing courts, this maybe of interests for some of you.

Partner Presses for Recusal of Judge Who Lodged Complaint
By Suevon Lee
Commercial Litigation Insider
January 21, 2014

A partner for Adam Leitman Bailey wants a Commercial Division judge to recuse himself from a case he is handling, saying the judge may not be impartial because he filed a disciplinary complaint against his law firm and two co-partners.

Because pending disciplinary matters are confidential, it is unclear when, or why, Justice Charles Ramos filed the complaint against the small residential and commercial law firm. But in court papers, Adam Leitman partner Colin Kaufman said the judge “leveled accusations of impropriety against two of my closest colleagues" which are "cause for concern for my own professional reputation.” He said “the firm as a whole and several of its partners have been directly affected by the filing of the complaint.”

Kaufman was not the subject of Ramos’ complaint to the Departmental Disciplinary Committee for the First Judicial Department and Committee on Professional Standards, but in court papers said that he was “peripherally involved in the subject matter” and was questioned under oath by the disciplinary committee.

Kaufman is seeking Ramos' removal from Statesboro Capital v. 802 Avenue U Development, 108370/2010, a breach of contract action seeking commission allegedly owed under a personal loan guarantee. The firm of Adam Leitman Bailey, which has fewer than 30 attorneys, was substituted in as defense counsel for Silverman Shin & Byrne in September. Kaufman is lead defense counsel for the case.

Kaufman first sought Ramos’ recusal by letter motion on Nov. 25, arguing that any advocacy on his client's behalf would be “chilled by appearing before you given your history with our firm” and that any of Ramos’ rulings in the case would have a “potentially justifiable appearance of impropriety in violation of Section 100.1(A).” Ramos has not issued any rulings in the action thus far.

Plaintiff’s counsel Ian Blant did not oppose the recusal motion. The judge declined to recuse himself in December, but Kaufman asked the judge to reconsider this month, citing a “newly discovered” Dec. 2008 judicial ethics’ advisory committee opinion and June 2013 committee opinion stating that once a judge lodges a written complaint against an attorney, “a judge must disqualify him/herself in all matters when the attorney appears before him/her, both while the matter is pending and for two years thereafter.”

Kaufman declined to comment about the matter. Blant also declined to comment, as did Ramos.
Last edited by innocent1997 on Thu Jan 23, 2014 3:01 pm, edited 1 time in total.
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Postby TenantNet » Thu Jan 23, 2014 2:16 pm

When posting articles, you must post the Title, the source, the date of publication and the URL of the original article. See the Forum Rules No. 20

FYI, Adam Leitman Bailey is a notorious landlord lawyer. His reputation is pretty bad even before anyone files a complaint. He helps landlords kick tenants out and he's also known as a publicity hound.

Judge Ramos is considered a landlord judge.

This could be an attempt by Bailey at Judge Shopping -- getting a judge off a case if you feel that judge would guarantee a bad outcome.
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Postby innocent1997 » Thu Jan 23, 2014 2:20 pm

edited already above.
Last edited by innocent1997 on Thu Jan 23, 2014 3:06 pm, edited 2 times in total.
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Postby TenantNet » Thu Jan 23, 2014 2:48 pm

OK, well then edit what you posted above, please.
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Postby TenantNet » Thu Jan 23, 2014 3:13 pm

re-edited for form and URL
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