Opinion 05-07

January 27, 2005

Digest:         A newly-elected Family Court Judge who formerly served as president of the county Legal Aid Society is not required to disqualify himself or herself solely because a law guardian appearing before the judge is employed by the same Legal Aid Society.

Rules:          22 NYCRR 100.3(E)(1); Opinion 92-14 (Vol. IX).

Opinion:

         A newly-elected Family Court Judge who formerly served as president of the county Legal Aid Society asks whether he/she is disqualified from presiding over cases in which the law guardian is employed by the same county Legal Aid Society. The judge advises that, as president, the judge did not supervise, and was not involved in hiring or terminating law guardians.

         As provided for in section 100.3(E)(1) of the Rules Governing Judicial Conduct “[a] judge must disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, . . .”. 22 NYCRR 100.3(E)(1). It is the Committee’s view that where the judge had no involvement in supervising or making employment decisions about law guardians employed by the county Legal Aid Society, the judge is not required to disqualify himself or herself solely because a law guardian appearing before the judge is employed by the county Legal Aid Society. See Opinion 92-14 (Vol. IX) [A judge who was a staff attorney for the Legal Aid

Society could preside over any case in which the Society represents a party, except one in which the judge personally participated as a staff attorney, or about which the judge acquired information as a staff attorney.]