Current through Register Vol. 46, No. 39, September 25, 2024
(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.
