October 7, 2013
This responds to your inquiry (13-97) asking whether you must exercise recusal in those cases in which your opponent in the upcoming election appears before you as an attorney. As long as you believe you can remain fair and impartial, you have no ethical obligation to exercise recusal under these circumstances.
Enclosed, for your convenience, are Opinions 11-76; 06-12 and Joint Opinion 00-78/00-80 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)