Opinion 93-131

December 9, 1993

Digest:         A supreme court justice need not disqualify himself or herself in all cases involving the county which employs the judge's spouse. A judge, however, should disqualify himself or herself in cases in which the judge's spouse is involved personally.

Rule:            22 NYCRR 100.3(c)(1)

Opinion:

         A supreme court justice inquires whether disqualification is required in cases involving the county in which the justice sits and which employs the judge's spouse. The judge states that the judge's spouse is employed by the county to work with programs relating to handicapped children.

         Section 100.3(c)(1) of the Rules of the Chief Administrator provides that a judge shall disqualify himself or herself in a proceeding in which his or her impartiality might reasonably be questioned.

         It is the opinion of this Committee that section 100.3 does not require the judge to disqualify himself or herself from all cases involving the county merely because the judge's spouse is employed by the county. However, the judge should disqualify himself or herself from any case in which his or her spouse has any personal involvement.