Opinion 09-29

February 19, 2009

Dear Justice :

         This responds to your inquiry (09-29) in which you ask 1) whether you must inform your child, his/her spouse and their separate counsel that you are acquainted with the Supreme Court justice presiding over their divorce action and 2) whether you must inform the justice that one of the parties is your child.

         On the specific facts you describe, the Committee finds that you need not inform your child, his/her spouse, and their separate counsel that you are acquainted with the justice presiding over their matrimonial action. In addition, you should not inform the justice that your child is a party to an action presently before the justice. As you believe the justice is unaware of the family connection between you and your child, advising the justice of the relationship may provide information that was previously unknown, thereby potentially and unnecessarily creating an issue (see 22 NYCRR 100.2[A], [B]).

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair