Opinion 23-07

February 2, 2023

Question:          Must a judge continue to insulate their law clerk from matters involving a law firm that previously represented the law clerk, and disclose the insulation, once the representation has completely terminated and all fees are paid?

Discussion:        The Committee has previously advised that when a judge’s personal appointee has a personal or professional relationship with an attorney appearing before the judge, the judge must insulate their law clerk from matters involving that attorney and their law firm or associates (Opinion 13-26). We said the insulation period ends once the personal legal matter between the law clerk and the law firm (or attorney) has concluded, and the law clerk has paid all of the fees that are due and owing to the law firm (id.). Here, the inquirer states the personal legal matter between the attorney and the law clerk concluded in October 2020. As long as all of the fees owed by the law clerk for the legal matter have been paid to the firm, the judge need not continue to insulate the law clerk from any matters involving the attorney or the attorney’s firm.

Enclosed:          Opinion 13-26.