Opinion 91-131

October 31, 1991

Digest:         A judge need not disqualify himself or herself from a pending class action, where one of the members of the class, in an individual     capacity, is the judge’s campaign treasurer.

Rules:          22 NYCRR §100.3(c).

Opinion:

         A judge who is a candidate for another judicial office and who is presiding over a class action, recently was informed by the judge’s campaign treasurer, that the treasurer had received a notice as a member of the class involved in the class action lawsuit pending before the judge. The judge asks whether recusal from the class action is necessary.

         There is no need €or the judge to disqualify himself or herself from the matter, where the judge’s campaign treasurer is a member of a large class in a class action lawsuit, and where the treasurer is a member of the class in an individual capacity and not as treasurer of the campaign committee.