Opinion 96-102

November 15, 1996

Honorable

Dear Judge:

         This is in response to your inquiry (96-102) concerning the circumstances under which an attorney who has represented you in a civil matter may appear before you representing a party in a matter in your court.

         Enclosed is Opinion 92-54 in which this Committee found that a judge may permit his/her private attorney to appear before the judge if more than two years have passed since the representation, and if the judge has no doubt about his/her capacity to be impartial. The judge should disclose the relationship to the parties and may preside if there is consent to the judge’s hearing the matter, or, in the event of an objection, the judge detremines that the objection is frivolous or without merit.

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Co-Chair