Opinion 07-181

January 2, 2008

Please Note: In light of an apparent dissonance between Judiciary Law § 9 (eff. December 2020) and Judiciary Law § 90(10), we have advised: "Whether a judge who has reported an attorney to an attorney grievance committee may publicly disclose the reason for recusal, when confidentiality has not been waived, is a legal question we cannot resolve." See Opinion 21-45.

         This responds to your inquiry (07-181) about recusal when an attorney appears before you after you sanctioned that attorney for misconduct and reported him/her to a disciplinary committee.

         This Committee has previously advised that a judge should recuse him/herself in all matters involving an attorney, while a complaint the judge filed against the attorney is pending with a disciplinary committee. Opinion 06-99. A judge who recuses in such circumstances should seriously consider the confidential nature of the investigation into the attorney’s conduct when exercising his/her discretion in disclosing the reason for recusal. See Opinion 07-102.

         I have enclosed a copy of Opinion 06-99 and Opinion 07-102 for your information and convenience.