Opinion 23-50

Short-Form Opinion

May 4, 2023

Question:    When a judge has reported an attorney to a disciplinary authority, is the judge disqualified from presiding over matters involving the attorney and/or the attorney’s law partner?

Discussion:  We have previously advised that once a judge has reported an attorney to the grievance committee, the judge must recuse from matters involving that attorney until two years have passed after the disciplinary proceeding ends.  This obligation is not affected by consideration of the attorney’s possible motives.  If the judge is satisfied that the attorney’s law partner was not involved in the misconduct that is the subject of the disciplinary complaint, the judge is not required to disqualify from matters involving the law partner.  Thus, you need not recuse from matters involving the law partner of the attorney you reported, provided you can be fair and impartial.  Whether you may publicly disclose the reason for your recusal presents a question of law, which we may not answer.

Enclosed:    Opinions 21-45; 17-56; 08-183/08-202/09-112; 06-168.