Opinion 23-85

Short-Form Opinion

June 15, 2023

Question:    Must a full-time judge disclose or disqualify in matters involving the city police department where the judge’s spouse is employed as a police officer with no supervisory responsibilities?  What are the judge’s obligations in the event the judge’s spouse is promoted to a supervisory position? 

Discussion:  We have said that where a judge’s police officer spouse does not hold a supervisory role and is not involved in a particular criminal matter, neither disclosure nor disqualification is required (Opinion 11-47). 

Once the judge’s spouse is promoted, the judge must also disqualify from matters involving law enforcement personnel under the spouse’s supervision.  In general, if the judge’s spouse is not the head of the law enforcement agency, a judge’s disqualification with respect to the spouse’s subordinates is subject to remittal after full disclosure on the record and voluntary, affirmative consent by all parties and their counsel.  However, we encourage you to submit a subsequent inquiry after your spouse is promoted for more tailored guidance on the specific facts presented.

Enclosed:    Opinions 19-89; 11-57; 94-52.