Opinion 26-41

March 26, 2026

Facts/Issue:    May a local judge preside in a traffic violation case where the defendant is the Public Defender?

Discussion:     Ordinarily a judge may preside in a case where one of the parties is an attorney who regularly appears before the judge, provided the judge concludes he/she can be fair and impartial.  We see no reason for a different result here, merely because the Public Defender and/or assistant public defenders regularly appear before the judge.

Conclusion:     A judge may preside in a matter where the Public Defender has been charged with violations of the Vehicle and Traffic Law, provided the judge concludes he/she can be fair and impartial.

Authorities:    Opinions 14-120; 14-62; 07-122.