September 13, 2011
This responds to your inquiry (11-76) asking whether you must exercise recusal when the special traffic prosecutor, who is running for the same elective judicial position to which you are seeking re-election, appears before you. This Committee has previously determined that this is a discretionary decision that a judge must make after searching his/her conscience to determine whether he/she can be impartial.
Enclosed, for your convenience, is Joint Opinion 00-78/00-80 and Opinions 07-190; 06-12; 92-82; and 92-57 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)