Digest:  A judge need not disqualify himself or herself when the spouse of the judge's former law partner appears before the judge as a law guardian.
 

Rule:  22 NYCRR 100.3(E)(1).
 
 

Opinion:

            A judge inquires whether recusal is required when the spouse of the judge's former law partner appears before the judge as a law guardian. The judge notes that the spouse of the former law partner did not practice law with the judge and the judge's law partner, nor was the spouse's firm associated with the judge's law firm.

            A judge must disqualify himself or herself in any matter in which the judge's impartiality might reasonably be questioned. 22 NYCRR 100.3(E)(1). In the present inquiry, the judge was never associated with the spouse of the judge's former law partner nor was the law firm ever associated with the spouse's law firm. Under the circumstance, the situation is not one which rises to a level where the judge's impartiality might reasonably be questioned. Therefore, the judge need not exercise recusal when the spouse of the judge's former law partner appears before the judge as a law guardian.