October 3, 2013
This responds to your inquiry (13-120) asking whether you must exercise recusal in matters involving two attorneys and their law firm after having testified, pursuant to a subpoena, at their disciplinary hearing eight years ago.
The Committee has previously advised that a judge need not recuse nor disclose the fact that he/she testified at an attorney’s disciplinary hearing (see Opinion 08-138).
The Committee refers you to Opinion 10-85 for guidance regarding any reporting obligations you may have in light of the supplemental information you provided.
Enclosed, for your convenience, are Opinions 08-138 and 10-85 which address these issues.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)