January 2, 2008
Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.
This responds to your inquiry (07-181) about recusal when an attorney appears before you after you sanctioned that attorney for misconduct and reported him/her to a disciplinary committee.
This Committee has previously advised that a judge should recuse him/herself in all matters involving an attorney, while a complaint the judge filed against the attorney is pending with a disciplinary committee. Opinion 06-99. A judge who recuses in such circumstances should seriously consider the confidential nature of the investigation into the attorney’s conduct when exercising his/her discretion in disclosing the reason for recusal. See Opinion 07-102.
I have enclosed a copy of Opinion 06-99 and Opinion 07-102 for your information and convenience.