Opinion 92-31


May 7, 1992

 

Digest:         A judge may preside over a case where one of the attorneys represented the judge's son two years ago, but the judge should disclose the relationship on the record.

 

Rule:            22 NYCRR 100.3(c).


Opinion:


         A judge asks whether disqualification is necessary in a case where one of the attorneys represented the judge's adult son in a misdemeanor case two years ago.


         The judge may preside in this case, as more than two years have passed since the attorney's representation of the judge's son. The judge may sit, even if there is an objection, provided the judge believes that he or she can be impartial. For a reasonable time thereafter the judge should disclose the relationship with the attorney if the judge notices that the attorney is someone who has represented a member of the judge's family.