Opinion 23-55

Short-Form Opinion

May 4, 2023

Question:    Where a judge has only a professional relationship with an attorney, and has no pre-existing relationship with the attorney’s non-attorney child, what are the judge’s ethical obligations after officiating at and attending the attorney’s child’s wedding?  

Discussion:  While a judge who attends a wedding as a social guest has certain disclosure obligations (see Opinions 22-138; 11-125), we have previously advised that a judge may solemnize the marriage of an attorney who regularly appears before the judge and “will not, on that sole basis, incur any new or additional disclosure obligations” (Opinion 12-104).  Here, the facts set forth in the inquiry indicate that the attorney and judge are only professional acquaintances and have no social relationship, and the judge has not yet met the attorney’s child.  Clearly, the judge would not have been invited to the attorney’s child’s wedding or reception if the judge were not officiating.  Accordingly, disclosure is not mandatory when the attorney appears before the judge.  

Enclosed:    Opinions 22-138; 12-104; 11-125.