Opinion 26-12

February 5, 2026

Facts/Issue:  A judge who presides in a trial court asks if he/she may preside in matters involving a former judicial colleague who presided in the same court for a few years.  The judge advises that they “do not have any ongoing social or business relationship … outside of attending the same Bar Association functions/events.”  The former judicial colleague has returned to the practice of law and is now in-house counsel for an agency that regularly appears in the judge’s court.

Discussion:   The relationship as described in the inquiry appears to be that of “acquaintances” under Opinion 11-125, which would not require disclosure or disqualification.  In our view, the mere fact of their former concurrent service on the same trial-level court does not dictate a different result.^[1]  As relevant here, we have advised that a judge is not necessarily disqualified from presiding when an attorney appearing before him/her was formerly a judicial colleague, even in the same trial-level court.  Rather, the judge must determine whether his/her relationship with the attorney would create an appearance of impropriety or may influence his/her conduct or judgment.  This determination is left to the judge’s sole discretion.   

Conclusion:  A judge may preside in matters involving a former judicial colleague, unless he/she determines their relationship would create an appearance of impropriety or influence his/her conduct or judgment.    

Authorities:  Opinions 23-14; 12-37; 11-125; 10-155; 10-135; 08-153; 08-98; 04-121.

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[1] While part 16 of the Rules of the Chief Judge prohibits former appellate court judges and justices from appearing before the courts in which they were members for two years, the Rules Governing Judicial Conduct impose no equivalent restriction for former trial-level judges.