Opinion 92-28

January 30, 1992

Digest:         A judge may employ a local automobile mechanic, whom the judge placed on probation, but the judge must recuse himself or herself from any subsequent matters involving the probationer.

Rule:            22 NYCRR 100.2.

Opinion:

         A judge asks about the propriety of employing, to service and repair the judge's automobile, a mechanic who was convicted of driving while intoxicated and was placed on probation by the judge.

         The judge may hire the probationer to service and repair the judge's car, but the judge must recuse himself or herself in any future matters involving this probationer, to avoid any appearance of impropriety [22 NYCRR 100.2].