Opinion 93-59

June 10, 1993

Digest:         A judge need not recuse himself or herself in cases handled by an attorney who is the sibling of a psychologist frequently utilized by the judge as an expert, provided that such cases are unrelated to cases in which the psychologist has been appointed.

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

Opinion:

         A full-time judge inquires whether an attorney, who is the sibling of a psychologist upon whom the judge frequently calls to conduct studies, to report to the court, and to give testimony, if necessary, in custody and visitation cases, should be permitted to practice before the judge in cases which are unrelated to cases in which the psychologist has been appointed.

         Section 100.3(c)(1) of the Rules of the Chief Administrator provides that a judge should disqualify himself or herself in a proceeding where the judge’s impartiality might be questioned. The facts herein do not present a ground for disqualification, unless the judge doubts his or her ability to be impartial.