Opinion 25-189

December 18, 2025

Facts/Issue:  The inquiring judge previously served as Bureau Chief of a unit at the Public Defender’s office, and half the judge’s current caseload involves the PD’s office.  The judge asks about the scope of his/her disqualification based on this former employment.  Specifically, must the judge disqualify from all pending Public Defender cases, from all cases handled by attorneys under his/her supervision during his/her tenure, or from a smaller subset of those cases where the judge recalls some personal involvement as a supervisor?  The judge also asks whether disqualification would be subject to remittal.

Discussion:   Where a judge was formerly a supervisory-level attorney at an institutional defenders office, we have said the judge need not disqualify from all pending matters in which that office appears.  Instead, the judge is permanently disqualified, without the possibility of remittal, in cases in which he/she participated as an attorney in any way, either personally or as a supervisor.  This includes cases handled by attorneys subject to the judge’s supervision during the judge’s tenure, whether or not the judge recalls any “personal” involvement.  The judge is also disqualified, subject to remittal, from presiding in matters involving former clients for a period of two years from the end of the judge’s employment with the office.  The judge’s obligation when presiding over other matters involving former colleagues from the institutional defenders office depends upon the nature of their relationship.  If the judge maintains a continuing personal relationship with the former colleague, it should be assessed using the categories of Opinion 11-125 as a guide. 

Conclusion:  A judge who previously served as bureau chief for the county’s public defender need not disqualify in all matters being handled by that office.  Instead:
(1) The judge is permanently disqualified without the possibility of remittal in all matters in which the judge participated as an attorney in any way, either personally or as a supervisor.  As always, this includes cases that were being handled by attorneys under the judge’s chain of command. 
(2) The judge is disqualified, subject to remittal, from all matters involving former clients for a period of two years from the end of his/her employment with the public defender. 
(3) The judge’s obligation in other matters involving former colleagues from the public defender’s office depends on the nature of their continuing personal relationship, if any. 

Authorities:  Opinions 22-177; 21-05; 20-73; 11-125.