Opinion 91-146

December 5, 1991

Digest:         A judge need not disqualify himself or herself from hearing a matter where one of the litigants was the judge’s opponent in the last election.

Rules:          22 NYCRR 100.3(c)(1)

Opinion:

         A judge asks for what period of time the judge should disqualify himself or herself from hearing matters where one litigant was the judge’s political opponent in the last election.

         In Opinion 90-136, Vol. VI, this Committee held that a disqualification is not necessary where the judge’s opponent in a previous election appears before the judge as attorney for a party, unless on the particular facts, the judge’s impartiality “might reasonably be questioned” or if the judge has doubts whether he or she can be impartial.

         The Committee is of the view that the same considerations apply where the judge’s opponent in a previous election is a party litigant before the judge. Accordingly, this Committee is of the opinion that the judge need not disqualify himself or herself unless on the particular facts the judge’s impartiality “might reasonably be questioned”, or if the judge has doubts whether he or she can be impartial.