September 23, 2015
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (15-168) asking whether disclosure or recusal is required when an attorney who served as a reference for your appointment to your current position appears before you more than two years after the appointment.
The Committee has previously advised that neither disclosure nor disqualification is required when an attorney who is listed as a reference in the judge’s application for appointment appears before the judge, provided the judge can be fair and impartial. Opinion 11-125 provides an overview on the issues of disclosure and disqualification when an attorney appearing before a judge is a social acquaintance.
Enclosed, for your convenience, are Opinions 14-30 and 11-125 which address these issues.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)