Opinion 90-15

March 1, 1990

Digest:         The spouse of a judge may serve as a commissioner of the county board of elections in the county where the judge resides, but the judge must disqualify himself in any proceeding in which the board of elections is a party.

Rule:            22 NYCRR §100.3(c)(1)(iv)(a).

Opinion:

         A full-time judge inquires whether there is any ethical violation if his spouse serves as one of the two commissioners of a county board of elections in the county where the judge resides.

         Section lD0.3(c)(1)(iv)(a) of the Rules of the Chief Administrator provides that a judge should disqualify himself or herself in a proceeding if the judge's spouse is a party to the proceeding. This section requires the judge to disqualify himself only where the county board of elections or his spouse is a party. Otherwise, the judge's spouse may assume the position, and, in the absence of other circumstances requiring disqualification, the judge may perform the regular duties of the judicial office.