Opinion 08-117

September 22, 2008

Dear Judge :

         The Committee received your inquiry on June 6, 2008, in which you ask whether the transfer of a criminal court case to your court by order of a county court judge, whose law clerk happens to be the other city court judge, raises a conflict.

         The Committee finds no inherent conflict arising from the fact that the transferring judge’s law clerk is your co-judge because 1) your court is an appropriate court to receive the case and 2) you have indicated that you have no conflict with either the parties in the case or the law clerk/co-judge.

         Whether this entire situation results in an undue increase in your case load, raises administrative, rather than ethics questions.

                                                 Sincerely,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair