Ji v. Aily Foot Relax Station Inc

Background

Defense counsel asked Judge Vincent L. Briccetti to recuse himself, meaning to remove himself from the case, based on statements in a November 9, 2022 order and in earlier orders. Counsel argued that the court’s wording suggested bias and prejudice against the defendants. The request was repeated in a later letter, which counsel described as a recommendation rather than a formal motion.

Court’s reasoning

The court rejected the argument that the November 9 order showed favoritism because that order had granted the relief requested by defense counsel. The court also explained that disagreement with judicial rulings is not a basis for recusal. Likewise, language identifying procedural deficiencies in a request for relief is not enough to establish bias when it does not show outside knowledge or deep hostility.

The court noted that the record included several instances in which it had given defense counsel leniency, including extending counsel’s deadline and denying the plaintiff’s request for sanctions after counsel failed to appear at a scheduled conference. The court further noted that the application was procedurally deficient because defense counsel had not submitted an affidavit signed by a client stating the facts and reasons supporting the alleged bias. The court nevertheless overlooked that deficiency and considered the substance of the request.

Ruling

Judge Briccetti denied the request that he recuse himself, finding that defense counsel had not provided evidence of bias or prejudice toward defense counsel or the defendants. The court also stated that, to the extent the recent letters sought sanctions against the plaintiff’s counsel, that application was denied. Finally, the court directed all counsel to comply with their professional obligation to treat opposing counsel with civility and respect.