Opinion 23-215

February 1, 2024

Facts/Issue:    A judge asks how long the disqualification period will be for matters involving an attorney who previously represented the judge in a disciplinary matter, which was eventually dismissed as unsubstantiated.  The representation was completed and all fees paid in August 2023.

Discussion:     For two years after the representation is completely terminated and all fees are paid, a judge is disqualified, subject to remittal, from all matters in which an attorney who personally represented the judge appears before the judge.  During the same period, the judge must disclose the former representation when other attorneys from the same law firm appear before the judge.  Given the facts presented here, this two-year period runs until August 2025. 

As a reminder, remittal of disqualification for the attorney(s) who personally represented the judge is not available without affirmative consent from both sides, after full disclosure of the former representation on the record. 

                      Once the two-year disqualification period has elapsed, any decision whether to disclose and/or recuse is entirely within the judge’s discretion.

Conclusion:     Where a judge’s personal legal matter completely terminated in August 2023, including payment of legal fees, the two-year disqualification period runs until August 2025.

Authorities:    Opinions 23-44; 22-183; 21-22(A); 08-171/08-174.