Opinion 09-07

February 3, 2009

Please Note: This Opinion has been modified by Joint Opinion 10-107/10-158 (after disclosure, the judge has discretion, based on the facts of the particular case, to grant or deny a party's request that the judge recuse him/herself).

Dear Justice :

         This responds to your inquiry (09-07) asking whether a Court Attorney who recently resigned from his/her position with Family Court to enter private practice is precluded from appearing before the Court’s three judges. The Committee previously determined that, under similar circumstances, there is no absolute prohibition against a former Court Attorney so appearing after he/she recently resigned. However, for one year, the judge should disclose the former employee’s relationship with the court and exercise recusal upon a party’s request. The judge may also exercise discretion and recuse even absent a party’s request.

         Enclosed, for your convenience, is Opinion 07-04 addressing this issue.

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair

Encl.