Opinion 17-50

June 30, 2017

Dear :

         This responds to your inquiry (17-50) asking whether you may hear a summary proceeding where the village attorney is appearing on behalf of a private client.

         The Committee has previously advised that a village justice should not exercise recusal in matters where the village attorney appears for private clients absent any specific disqualifying factor, if the judge believes he/she can be fair and impartial.

         Enclosed, for your convenience, are Opinions 11-13; 94-62; 93-40 and 92-75 which address this issue. 

                                       Very truly yours,

                                       George D. Marlow, Assoc. Justice

                                       Appellate Div., First Dep’t (Ret.)

                                       Committee Co-Chair

                                       Hon. Margaret T. Walsh

                                       Family Court Judge

                                       Acting Justice, Supreme Court

                                       Committee Co-Chair

Encls.