March 14, 1988
Topic: Personal friendship with District Attorney.
Digest: A Town Court Justice need not disqualify himself in criminal cases because of his friendship with the District Attorney, when that District Attorney is not personally appearing in the court.
Rules: 22 NYCRR 100.3(c)
A Town Court Justice inquires whether he should inform defendants and attorneys appearing before him in criminal cases of his friendship with the District Attorney, even though the District Attorney is not personally appearing in the case.
Under the circumstances described here, where the Town Justice serves in a small town, the judge has no need to inform the parties of his friendship with the District Attorney or to disqualify himself from hearing the case, pursuant to section 100.3(c) of the Rules of the Chief Administrator of the Courts.
This Opinion is advisory only and is not binding upon either the Office of Court Administration or the Commission on Judicial Conduct.