Opinion 08-129

September 22, 2008

Please Note: Opinion 12-154 has abolished the requirement that a judge must disclose and/or recuse whenever a relative of his/her co-judge appears. Please review Opinion 12-154 for more information. 

Dear Judge:

         The Committee has received your inquiry dated July 3, 2008, in which you inquire whether your spouse is permitted to practice in front of your three fellow judges in city court.

         While this inquiry would more properly be raised by the judges before whom your spouse would appear, we nevertheless advise that your spouse may appear before other judges in your court. In addition, your fellow judges would not have any affirmative obligation to make a disclosure about the relationship because the court is staffed by more than two judges.

         Enclosed, for your convenience, are prior opinions 90-111 and 95-15 which address this issue.

                                                 Sincerely,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair

Encls.