Opinion 06-177

January 25, 2006

Digest:         A judge need not disclose or recuse when the spouse of the judge’s spouse’s law firm’s associate (or another member of that individual’s law firm) appears before the judge, unless the judge personally doubts his/her ability to be impartial.

Rules:         22 NYCRR 100.3(E)(1); Opinions 06-74; 03-13; Joint Opinion 05-89 and 05-90.

Opinion:

         A judge’s spouse is a partner in a local law firm (Firm A). An associate in that law firm is married to another attorney associated with a different law firm (Firm B). The judge asks whether there are any disclosure or disqualification obligations when the spouse of the judge’s spouse’s associate, or any other member of that person’s firm (Firm B), appears before the judge.

         The Rules Governing Judicial Conduct require a judge to disqualify him/herself in any proceeding wherein the judge’s impartiality might reasonably be questioned. 22 NYCRR 100.3 (E)(1). Here, the relationship between the judge and the spouse of the judge’s spouse’s associate is too remote for it to create a situation where the judge’s impartiality might reasonably be questioned. Opinion 03-13. The relationship between the judge and the other members of this person’s firm is even more remote.

         Therefore, a judge need not disclose the relationship, nor must the judge disqualify him/herself when the spouse of the judge’s spouse’s law firm’s associate (or another member of that individual’s firm) appears before the judge, unless the judge personally doubts his/her ability to remain impartial or unless there is a close relationship which might otherwise require disqualification. Opinion 06-74; Joint Opinion 05-89 and 05-90.