Recusals are back in the news. As the New York Law Journal’s Brian Lee reported on April 29, the New York Court of Appeals has adopted a rule that it will not accept an amicus brief for filing if the filing will cause a Judge of the court to recuse himself or herself.
The new rule is sound. While it means that in some instances a party before the court may lose amicus support, that is outweighed by New Yorkers’ entitlement to the votes of all seven of the constitutionally governor-appointed and State Senate-approved judges of the court in every case in which that is possible.
