Opinion 93-38

March 11, 1993

Digest:         A judge may preside over cases handled by the law firm that employs the judge's principal law clerk's child, but the judge's clerk should not work on any case in which the clerk's child is involved.

Rule:            22 NYCRR 100.3(c)

Opinion:

         A newly-elected county court judge inquires whether it is permissible to preside over cases in which a party is represented by the large law firm that employs the judge's principal law clerk's child, who is a law school graduate, as a clerk.

         It is the opinion of this Committee that the judge is not disqualified from presiding over cases in which the law firm represents a party. But, the judge's law clerk should not work on any case in which the law clerk's child was involved.