June 30, 2017
This responds to your inquiry (17-50) asking whether you may hear a summary proceeding where the village attorney is appearing on behalf of a private client.
The Committee has previously advised that a village justice should not exercise recusal in matters where the village attorney appears for private clients absent any specific disqualifying factor, if the judge believes he/she can be fair and impartial.
Enclosed, for your convenience, are Opinions 11-13; 94-62; 93-40 and 92-75 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court