July 10, 2015
PERSONAL AND CONFIDENTIAL
This answers your inquiry (15-114) asking if associates of an attorney who represented you at a negotiation session in your matrimonial matter may appear before you. You say the associates of your attorney were completely insulated from any involvement in the case, and you are aware the attorney who did represent you may not appear before you for two years.
The Committee has previously determined that if a judge’s attorney’s associates had no involvement in the judge’s case, the judge may preside when they appear. It is within the sole discretion of the judge whether to exercise recusal. The judge may, but is not required to disclose that the representation occurred.
Enclosed, for your convenience, is Joint Opinion 08-171/08-174 which addresses this issue.
Very truly yours,
George D. Marlow, Associate Justice
Appellate Division, 1st Dept. (Ret.)