Monday, April 25, 2016

My suspension would have been impossible in North Carolina, but instead discipline would be imposed upon the sanctioning judge

It would be interesting to know for attorneys or litigants sanctioned in New York or other states for making a motion to recuse a judge after suing that judge that in some states - for example, in North Carolina, the sanctions would be imposed in such a situation against the judge, not against the attorney or litigant who sued the judge before sanctions were imposed.


It is apparently not self-evident in New York since my law license was suspended exclusively based on sanctions that were imposed upon me by the judge against whom a lawsuit was pending.

In North Carolina such a situation would have required: 

  • an automatic recusal of a judge, and
  • discipline AGAINST THE JUDGE for non-recusal - the judge was CENSURED for not recusing,
see the full text of the North Carolina case here.

In my case, Judge Becker was not only not discipline, but my license was suspended based on his sanctions against me imposed after the lawsuit was filed against Judge Becker by a party in the action where sanctions were imposed.

I guess, what is considered inappropriate FOR A JUDGE to do in North Carolina, is inappropriate for an attorney to point out to such a judge in New York.

Go figure.

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