Opinion 91-152

December 5, 1991

Note: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.

Digest:         A judge’s law clerk, who was formerly an assistant district attorney, may assist the judge on all cases involving the district attorney’s office, except those cases on which the law clerk worked or obtained information by reason of employment as a district attorney.

Rules:          22 NYCRR 100.2

Opinion:

         A recently elected judge asks what restrictions would exist if the judge appointed an assistant district attorney as the judge’s law clerk. It is assumed that the proposed law clerk would resign his post as assistant district attorney.

         The law clerk may assist the judge in all cases involving the district attorney’s office, except those cases on which the law clerk worked or obtained information by reason of the law clerk’s employment as an assistant district attorney.