Opinion 08-102

June 30, 2008

Dear Justice:

         Your inquiry (08-102) dated May 16, 2008 asks whether you are disqualified from presiding in a case the former village attorney presently has before you, and in all future zoning cases the current village attorney might bring before you.

         The fact that your law partner represents an applicant before the village planning board does not require your recusal. Moreover, the mere possibility that you or your law partner may be called as a witness by the former village attorney is not enough to warrant recusal. If, however, you are served with a subpoena, we recommend you contact the Committee again.

         Enclosed, for your convenience, are prior opinions 92-40 and 90-18 which address this issue.

                                                 Sincerely,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair