Opinion 92-126

November 19, 1992

Digest:         A judge is not required to recuse herself or himself in matters involving a bank which holds a mortgage on the judge's home.

Rule:            22 NYCRR 100.3(c).

Opinion:

         A judge recently re-financed the judge's home mortgage with a local bank and now inquires if that relationship, alone, requires the judge to recuse herself or himself from all matters coming before the judge involving that bank.

         The fact that a judge has refinanced his or her home with a local bank does not per se require the judge to disqualify himself or herself in all matters involving the bank. (See 22 NYCRR 100.3[c]). If the judge feels that she or he can be fair and impartial in a matter and insulate herself or himself from the relationship with the bank, the judge need not decline a matter merely because the bank is involved. If, on the other hand, the judge feels otherwise, then recusal is appropriate.