Opinion 88-43

April 11, 1988

Topic:          Recusal of judge because of relationship with attorney.

Digest:         A judge must disqualify him/herself in cases involving an attorney who once represented the judge’s spouse for as long as the judge feels that he/she cannot be impartial.

Rules:          22 NYCRR 100.3(c)

Opinion:

         A judge inquires about the length of time he/she must exercise recusal from matters in which an attorney, who once represented the judge’s spouse, appears.

         Section 100.3(c) of the Rules of the Chief Administrator provides that a judge must disqualify him/herself in a proceeding in which the judge’s impartiality might be questioned. Here, the judge must disqualify him/herself while the attorney is representing the judge’s spouse, and should continue to disqualify him/herself after the representation is concluded, for as long as the judge feels that he/she cannot be impartial.

         Once the judge ceases to recuse him/herself, the judge must reveal on the record his/her prior relationship with the attorney in cases in which the attorney appears, and should recuse him/herself if the other party requests the judge’s recusal.¹

         This Opinion is advisory only and is not binding upon the Commission on Judicial Conduct or the Office of Court Administration.

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         ¹This Opinion was modified by Committee Opinion 88-153 dated January 12, 1989, to be published in Volume III.