January 22, 2010
This responds to your inquiry (09-220) asking whether you must exercise recusal when you hear an appeal arising from the District Attorney’s Office, where your child’s spouse is assigned to the Intake Bureau.
As long as your relative is not personally involved in the case and/or does not appear before you, there is no ethical obligation to disclose the relationship or exercise recusal. The same rule would apply in the event your relative is transferred to another department within the District Attorney’s Office.
Enclosed, for your convenience, are Opinions 07-216; 97-39 and 89-127, which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)