Opinion 24-41

March 14, 2024

Facts/Issue: The inquiring full-time judge also serves as a firearm licensing officer.  On reviewing an application for a pistol permit, the judge recognized the applicant as a former client.  The judge had represented the client in a criminal matter that ended in a conviction more than nine years ago.  The judge was paid fully paid in 2014 and the representation completely terminated in 2014.

Discussion:  A judge is disqualified, subject to remittal, from presiding in any matters involving a former client for two years after the representation ends or the final payment of any fees pending or owed to the judge, whichever is later.  After the two-year period, disqualification is not required on this ground, provided the judge can be fair and impartial.

                  As there is no indication here that any other ground for disqualification applies, we conclude the judge may preside, assuming the judge is satisfied he/she can be fair and impartial.

Conclusion: Where the relationship between the judge and a former client completely ended more than two years ago, including payment of legal fees, that former attorney/client relationship does not bar the judge from considering the former client’s application for a pistol permit.

Authorities: Opinions 23-16; 22-31; 21-27; 15-126.