Opinion 23-45

Short-Form Opinion

March 23, 2023

Question:    Where a judge was represented by private counsel in a hybrid Article 78 proceeding that has since concluded, must the judge continue to disclose or disqualify in matters involving the judge’s private attorneys and/or other members of their law firm?

Discussion:  We have previously advised that a full-time judge who is being represented in an Article 78 proceeding in the judge’s official capacity by private counsel under Public Officers Law § 17(2)(b) is disqualified, subject to remittal, in any matters involving the specific attorneys who are representing the judge for the duration of the representation (Opinion 21-82). The judge is not disqualified when other partners or associates of the law firm appear, provided they have no involvement in representing the judge, but must make disclosure while the representation is ongoing. Once the hybrid Article 78 proceeding terminates and the representation ends, the judge need not disqualify or disclose in matters involving the law firm and/or the specific attorneys involved in the representation, assuming the judge can be fair and impartial.

On the facts presented, now that the hybrid Article 78 proceeding has concluded, you need not disqualify or disclose from matters involving your former attorneys and/or members of their law firm.

Enclosed:    Opinion 21-82.