Opinion 90-107

September 18, 1990

Digest:         A full-time judge, who is named as a co-defendant, with numerous other judges in another action by a pro se litigant presently before the judge, need not recuse himself.

Rules:          22NYCRR §100.3(c)

Opinion:

         A full-time judge inquires whether the judge should recuse himself in a matter, where the pro se litigant in that matter has commenced another action against the judge, along with numerous other judges. In addition, the litigant has published a paper making various allegations against the judge and other members of the judiciary. The judge is concerned that if the recusal motion is granted, other judges will be the object of similar motions, since the litigant states he cannot get a fair trial before any judge in the state.

         The judge need not disqualify himself in this situation, as all the judges are claimed to be prejudiced, and thus none are per se disqualified. Even though the judge is named as a defendant in a different action, along with many others, the judge may serve if the judge feels he can be impartial. The judge, however, may not preside over the case in which the judge is a defendant.