Here’s another outrageous story of judicial heavyhandedness. This story, Attorneys Sanctioned for Representing Client’s Challenges of Judicial Ethics (Empire Journal 2/14/05). According to the article, the New York Appellate Division, First Department sanctioned two New York attorneys (to the tune of $2000 and $250 respectively) for “frivolous conduct” when they argued that a judge who had a financial stake in the defendant’s company should have recused herself from the case. Apparently, the court even agreed that the judge was required to disclose any financial interest, however small, but upheld the outcome of the case nonetheless. See also this link at New York Lawyer.
So how is it frivolous to raise an argument that the court ultimately accepts? Only in the universe where judge’s attempt to intimidate attorneys from exposing any negative conduct, I guess.