Opinion 95-96

September 21, 1995

Digest:         A full-time judge need not recuse himself/herself in all cases where a party is represented by an attorney who has previously represented the judge’s law clerk.

Rules:          22 NYCRR 100.3 (c)(d)

Opinion:

         A full-time judge inquires whether the judge must necessarily recuse himself/herself in actions over which he/she presides where a party in an action is represented by an attorney who has previously represented the judge’s law clerk in a matter.

         The judge need not necessarily disqualify himself/herself provided that the judge is able to impartially preside over the matter. The judge should also insulate the law clerk from any involvement in any matter where the clerk’s former attorney has a part to play. See also: Opinion 90-146, Vol VI.