Opinion 25-124(B)

September 10, 2025

Facts/Issue:    A new full-time judge asks about disqualification based on his/her prior employment as a sole practitioner.  The judge represented defendants in a wide variety of criminal cases in courts throughout the county, including the court where the judge now presides.  The judge asks for clarification about instances where the judge served as assigned counsel. 

Discussion:     As always, a judge is permanently disqualified, without the possibility of remittal, in any case where the judge previously participated as an attorney. 

In other matters involving former clients, a judge is disqualified, subject to remittal, for two years.  The two-year period runs from the time the attorney-client relationship completely ends, including any extension due to ongoing connections with the client such as unpaid legal fees.  It is understood that, as assigned counsel, the judge was or will be compensated by the designated governmental department(s) at legally specified rates based on vouchers submitted.  Accordingly, where the judge served as assigned counsel, the two-year period runs specifically from the end of the attorney-client relationship, just as it does for a judge who served as an assistant public defender.

Conclusion:     Where a judge previously served as assigned counsel, the two-year disqualification period for former clients runs from the end of the attorney-client relationship.

Authorities:    Opinions 24-168; 21-151.