Opinion 92-82


June 18, 1992

 

Digest:         The judge may preside over a case where one of the attorneys is the judge's opponent for re-election.

 

Rule:            22 NYCRR 100.3(c)(1).


Opinion:


         A judge asks whether the judge should preside over a case where one of the attorneys will be the judge's opponent in the September primary.


         Section 100.3(c)(1) requires that judges disqualify themselves where their "impartiality might reasonably be questioned." Here, the judge may preside, where the judge's political opponent is an attorney in the case, unless the judge doubts his or her impartiality.