Opinion 24-65

March 14, 2024

Facts/Issue:    A town justice asks if it is ethically permissible to preside in a criminal case in which the arresting officer is his/her co-judge’s third-degree relative. The co-judge has already disqualified him/herself from the case.

Discussion:     In our view, a judge’s impartiality cannot “reasonably be questioned” in a matter (22 NYCRR 100.3[E][1]), merely because a witness is a close relative of their co-judge.  As the present inquiry reveals no other basis for disqualification, we conclude the judge may preside.

Conclusion:     A judge may preside in a criminal case where their co-judge’s relative was the arresting officer, provided the judge can be fair and impartial.

Authorities:    Opinions 19-43; 92-111.