Opinion 09-95

May 20, 2009

Hon.

Dear Justice :

         This responds to your inquiry (09-95) asking whether you should recuse yourself in a pending matter and in future matters involving an attorney who had been a partner in a law firm which represented you before the Judicial Conduct Commission. Because the law firm represented you after this attorney was no longer a partner in the firm, you are not disqualified from hearing cases wherein this attorney represents one of the parties. However, the Committee cannot comment on the balance of the recusal motion as that involves a legal, not an ethical, question. It is therefore beyond the Committee’s jurisdiction (see Judiciary Law §212[2][l]).

         Enclosed, for your convenience, is Opinion 06-22 which addresses this issue.

                                                 Very truly yours,

George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair

Enc.