October 04, 2024 | New York Law Journal
Recusals in the Court of Appeals: A Response to Judge ReadA Law Journal columnist responds to a former Court of Appeals judge's recent column in which she questioned the use of the high court's procedure for substituting recused judges.
By Norman A. Olch
5 minute read
May 13, 2024 | New York Law Journal
Recusals in the New York Court of AppealsIn an atmosphere with contentious public debate over whether U.S. Supreme Court justices are inappropriately sitting on certain cases—one of the reasons behind the declining public esteem for the Court—it is ironic that a judge of the Court of Appeals, early in her service, is criticized for recusing herself, a Law Journal contributor writes.
By Norman A. Olch
4 minute read
March 12, 2024 | New York Law Journal
Some Recent Developments in Donald Trump's New York State Court CasesTrump now has until March 18 to file reply papers in the civil fraud case that the New York Attorney General won at trial. This is only one week before his criminal trial regarding alleged hush payments to Stormy Daniels is scheduled to begin.
By Norman A. Olch
2 minute read
December 28, 2023 | New York Law Journal
Lawyers Criticizing Judges: The Rules of Professional Conduct and the First Amendment (Part II)The duty of lawyers coming to the defense of judges is aspirational and involves defending judges because the judge's rationale for his or her ruling is confined to the explanation provided in the ruling itself. But criticisms of United States Supreme Court Justices Samuel Alito and Clarence Thomas are not directed at their rulings but at their conduct—accepting financial assistance or perks and failing to disclose them.
By Norman A. Olch
10 minute read
November 06, 2023 | New York Law Journal
Lawyers Criticizing Judges: The Rules of Professional Conduct and the First Amendment, Part IWhen can lawyers publicly criticize judges and when, on the other hand, are they expected to defend a judge who is being publicly criticized?
By Norman A. Olch
14 minute read
May 24, 2023 | New York Law Journal
A Death in the Subway: The Law in New YorkThe death on the floor of a subway car of a homeless man suffering mental health issues is a very sad chapter in New York City history and the conduct of all involved is rightly subject to public scrutiny and debate, an appellate attorney writes.
By Norman A. Olch
10 minute read
March 11, 2019 | New York Law Journal
Four-Judge Panels Reduce Chances of Cases Going to Court of AppealsFour-judge panels are unfair to litigants because they reduce the chances of taking a case to the Court of Appeals: dissents by two out of four justices are simply harder to come by than dissents by two out of five.
By Norman A. Olch
2 minute read
August 31, 2009 | New York Law Journal
Appellate Court Consideration of Unpreserved Error and Matters Not in the RecordNorman A. Olch, a New York City practitioner, writes: It is axiomatic in civil and criminal cases that legal issues, facts, and objections not raised in the trial court will not be considered by an appellate court. Faced with the strict rule of preservation, can appellant's counsel legitimately raise on appeal matters not preserved or raised in the lower court? In at least nine situations, the answer is yes.
By Norman A. Olch
15 minute read
August 30, 2010 | New York Law Journal
Demystifying the Appellate Process: Books Address the Practical and the PhilosophicalBy Norman A. Olch
14 minute read