Opinion 06-97

September 7, 2006

Digest:         A judge of the court where a Judicial Hearing Officer (JHO) serves or is designated to serve is not disqualified when the JHO’s child appears as an attorney, unless that judge determines that he/she cannot remain impartial. (2) The partners and associates of a JHO are not prohibited from appearing in a contested matter before another judge serving in a county where the JHO serves or is designated to serve.

Rules:          22 NYCRR 100.3(E)(1); 100.6(A); Opinions 05-124; 89-100 (Vol. IV); 89-80 (Vol. IV).

Opinion:

         An Administrative Judge inquires whether judges of the court to which he/she assigns a Judicial Hearing Officer (JHO) will be disqualified from hearing cases in which there is an appearance by either the JHO’s child, who is a local attorney, or the law firm in which the JHO is “of counsel.”

         This Committee has determined that judges are not disqualified when a son of another judge in that court appears, unless the judge presiding determines that he/she cannot remain impartial. 22 NYCRR 100.3(E)(1); Opinion 89-100 (Vol. IV); see also Opinion 05-124. We see no reason to distinguish between relatives of a JHO and relatives of a judge in this regard. 22 NYCRR 100.6(A). It follows, therefore, that judges of the court where the JHO serves or is designated to serve will not be disqualified when the child of the JHO appears as an attorney, unless a particular judge concludes that he/she cannot remain impartial.

         Further, the partners and associates of a JHO are not prohibited from appearing before other judges serving in the county where the JHO serves or is designated to serve, “unless an appearance of impropriety may be perceived” or a “particular conflict of interest exists” under the particular circumstances of an individual case. Opinion 89-80 (Vol. IV).