March 16, 2012
This responds to your inquiry (12-06) asking about your ethical obligations in the event a person you had arrested in your prior capacity as a road deputy in the county sheriff’s department appears before you in another, unrelated matter in your present capacity as town justice.
The Committee has previously advised that a judge may preside over and adjudicate cases involving the local police department as long as the judge had no personal involvement in the matter presently before him/her and as long as the judge believes he/she can be fair and impartial.
Enclosed, for your convenience, are Opinions 09-222 and 99-168 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)