March 29, 2016
This responds to your inquiry (16-20) asking about your ethical obligations when attorneys from the Attorney General’s Office appear before you, given you previously served as an Assistant Attorney General approximately five years ago.
For all cases where you had any personal involvement as a lawyer, either directly or in a supervisory capacity, disqualification is required. Although there is a two-year disclosure requirement for other cases involving your former employer, this two-year period has expired. Thus, where you are not disqualified outright due to your prior participation as a lawyer, disclosure is solely within your discretion for cases involving the AG’s office.
Enclosed, for your convenience, are Opinions 14-07; 07-30; and 07-23 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)