Opinion 25-29

March 27, 2025

Facts/Issue:  The inquiring judge has essentially swapped caseloads with Judge B, due to an ethical conflict affecting a large number of cases.  The conflict is personal to the inquiring judge, but he/she is concerned that it might be imputed to his/her otherwise unconflicted law clerk.  Thus, the judge asks if his/her personally appointed law clerk may assist Judge B in matters where the inquirer is disqualified.

Discussion:   Where a judge is disqualified in certain cases based on his/her prior law practice, we have declined to impute such disqualification to the judge’s personally appointed law clerk who had no involvement in that law practice.  Thus, we said the judge may permit their personally appointed principal law clerk to conference those cases at the request of the presiding judge, provided the disqualified judge does not communicate with the law clerk about the case.  Indeed, we said there is no need for insulation, disclosure, or disqualification of the unconflicted law clerk in such matters.

Conclusion:  A judge’s disqualification in a case is not imputed to his/her unconflicted law clerk, who may assist an unconflicted judge presiding in the case.  However, there must be no communication between the disqualified judge and the law clerk regarding the case.

Authorities:  Opinion 15-208.