Opinion 92-111

September 24, 1992

Digest:         A judge may hear matters involving the local police department, whose acting police chief is the son of the inquirer's associate judge.

Rule:            22 NYCRR 100.3(c).

Opinion:

         A part-time judge inquires whether disqualification is necessary for cases involving the local police department. The acting police chief of the department is the son of the other part-time judge of the inquirer's court.

         There is no reason for the inquiring judge to disqualify himself or herself in matters involving the local police department, as the judge's impartiality is not in question simply because of the co-judge's son. [22 NYCRR 100.3(c)]. One purpose of having two judges is that one judge can hear cases in which the other judge is disqualified.