One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal, even though it may be a basis for judicial discipline under Canon 3 of the Canons of Judicial Conduct. (See Matter of O'Connor, (32 N.Y.3d 121, 87 N.Y.S.3d 140 (2018)). Canon 3 provides, in part: "A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control." (22 NYCRR 100.3 (B) (3))

Statutory Grounds for Recusal

Judiciary Law §14 contains the sole grounds for recusal of a judge. It provides, in part, that "[a] judge will not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree."