Opinion 21-97

June 17, 2021

Digest:       We decline to comment on the appropriate scope of disclosure of a recusing judge under Judiciary Law § 9, as this is a legal question beyond our jurisdiction.

Rules:        Judiciary Law § 9; 212(2)(l); 22 NYCRR 101.1; Opinions 21-45; 21-02.

Opinion:

        The inquiring judge has decided to recuse on a matter involving a particular attorney. In light of Judiciary Law § 9, the judge asks if it is permissible to “recuse citing the following language: ‘Counsel has demonstrated a history of engaging in conduct that calls [counsel’s] credibility in to question.’”

        In our view, questions concerning the appropriate scope of disclosure under Judiciary Law § 9 are necessarily legal in nature. Because we have no authority to address legal questions (see Judiciary Law § 212[2][l]; 22 NYCRR 101.1; Opinions 21-45; 21-02), we must decline to comment.