Opinion 90-56

April 5, 1990

NOTE: Please consult Joint Opinion 08-171/08-174 before relying on this opinion. To the extent that this opinion is inconsistent with Joint Opinion 08-171/08-174 regarding a judge's disclosure/recusal obligations when his/her personal attorney or his/her personal attorney's partners and associates appear in the judge's court, it is overruled.

Digest:         A part-time assistant district attorney may serve as the personal attorney for a judge, but the judge may not preside over any matters handled by this assistant district attorney.

Rules:          22 NYCRR §100.3(c).

Opinion:

         A judge asks whether the judge's personal attorney, who also is a part-time assistant district attorney, may represent the judge in a divorce action.

         The part-time assistant district attorney may continue to serve as the judge's personal attorney, and may represent the judge in the judge's divorce proceeding. The judge, however, is disqualified from presiding in any matter in which this assistant district attorney appears, since a judge should not preside over any proceeding in which the judge's personal attorney appears.