According to ethical rules of judicial conduct, a judge should either recuse from cases where his former law partner appears, or disclose the fact that one of the attorneys is the judge's former law partner, and give all parties in the case an opportunity to move to recuse the judge.
There is no cut-off date as to when the judge should stop considering recusal from cases where his former law partner or his office appears, and that is especially true for law partners from partnerships in rural areas where such relationships are deemed especially close.
On January 12, 2016, the local Delaware County newspaper "The Walton Reporter" reported the following:
"Delaware County's Acting District Attorney John Hubbard, of Stamford, introduced himself to board members. Due to procedures in place, Hubbard said that because of his position as Chief Assistant District Attorney, he automatically became Acting District Attorney when former District Attorney Richard Northrup Jr. left his post to assume the role of Delaware County Court Judge.
Hubbard, who previously shared a private law practice with former Delaware County Judge Carl F. Becker (who abruptly retired in July), became the chief assistant district attorney in 2006. He will hold the position for one year."
I do not know where the Walton Reporter got this information, but this information was upon my information, NEVER disclosed by Becker, Hubbard or his boss Northrup for 12.5 years (!) that Becker was on the bench and presided over criminal and child abuse cases where Hubbard and his employer Northrup/Delaware County District Attorney's office, appeared in front of him.
My husband Frederick J. Neroni has practiced before Judge Carl F. Becker in criminal and child abuse cases in Delaware County from 2002 to 2011.
I practiced in front of Judge Carl F. Becker in criminal and child abuse cases from 2009 to 2012 (when Becker recused from all of my cases).
At NO time either Becker, or Hubbard, or the Delaware County District Attorney Northrup disclose to us that Hubbard is Becker's former law partner.
At no time did the just-retired Delaware County Judge Carl Becker recuse from criminal cases where his former law partner John Hubbard, or his office, the Delaware County District Attorney's office, appeared - and that covered not only criminal cases, but also child abuse cases where the County District Attorney is a necessary party by statute.
Only on January 12, 2016 it was reported that John Hubbard finally confessed to HAVING BEEN the law partner of the already retired ("abruptly") judge Carl Becker, and only when he got elevated to the position of the Acting Delaware County District Attorney due to election of Richard Northrup to the position of a judge.
Of course, I will be turning in the entire "trio" into the attorney disciplinary authorities - for Becker and Hubbard, and into Commission for Judicial Conduct - for Northrup.
Imagine how many criminal and child abuse cases they contaminated with their non-disclosure.
I will also write to the New York State Attorney General requesting removal of Richard Hubbard from his position as Delaware County Judge since he failed to disclose to the voting public this interesting detail that could have led to an entirely different result at election.
First, had local attorneys known about Richard Northrup's misconduct that contaminated all criminal and child abuse cases in Delaware County from 2002 to 2015, more likely than not, Northrup would not have run unopposed, as he did.
Second, voters could be disgusted to vote for him and would have voted him down, as they did Porter Kirkwood, another of Carl Becker's "nominees".
I will report on this blog answers from these authorities.
Stay tuned.
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