September 29, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-118) asking whether you must grant defense counsel’s motion for disqualification in a criminal matter, which the District Attorney’s office prosecutes, because your spouse is the District Attorney’s personal secretary. You indicate that your spouse’s duties are limited to maintaining financial accounts and traditional secretarial duties. Your spouse is not involved in any matters associated with your court.
Given your spouse’s limited role as personal secretary to the District Attorney, and his/her lack of involvement in any criminal matters heard in your court, you may deny defense counsel’s motion for disqualification and preside over the matter, provided you can be fair and impartial.
Enclosed, for your convenience, are Opinions 10-23; 93-28; and 90-53 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)