January 18, 1990
Digest: A city court judge may preside over a case involving members of the
police department and the city.
Rules: 22 NYCRR 100.3(c).
A city court judge inquires whether he may preside over small claims actions brought by members of the city police department against the city. The police officers occasionally appear as witnesses in criminal matters before the judge.
A judge is not disqualified from hearing a case simply because a party has appeared as a witness in another matter before the judge. Nor is a judge disqualified because the city where his court is located is a party in the action. See Opinion 89-27. Accordingly, absent any special disqualifying circumstances, the judge may preside over the actions brought by the police officers.