Opinion 92-130

November 19, 1992

Digest:         A judge may preside in a case where one of the attorneys filed a grievance against the judge as an attorney ten years ago.

Rules:          22 NYCRR 100.3(c).

Opinion:

         A full-time judge asks whether disqualification is necessary where an attorney in the case before the judge previously filed an attorney grievance against the judge ten years ago, when the judge was in private practice.

         Section 100.3(c)(1) of the Rules of the Chief Administrator states that a judge should disqualify himself or herself where the judge's impartiality might reasonably be questioned. The fact that an attorney made charges against a judge as an attorney ten years ago is not a ground for disqualification, unless the judge doubts his or her ability to be impartial. With respect to any application to disqualify the judge, the judge should notify all parties and give them an opportunity to be heard.