Opinion 25-57(A)

March 27, 2025

Facts/Issue:  A judge asks if he/she may preside in matters where his/her first cousin once removed appears as an attorney.

Discussion:   The Rules Governing Judicial Conduct require a judge to disqualify in a proceeding where the “judge knows that the judge or the judge’s spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding” (22 NYCRR 100.3[E][1][e] [emphasis added]). 

                   While a first cousin is a fourth-degree relative under the Rules (see 22 NYCRR 100.0[C]), a first cousin once removed is a fifth-degree relative. 

                   As the attorney here is the judge’s fifth-degree relative, the judge may preside so long as he/she can remain fair and impartial.  It is good practice to disclose the relationship; should any party object, the decision whether to preside remains discretionary.

Conclusion:  A judge may preside in matters where a fifth-degree relative appears as an attorney, but should disclose the relationship.

Authorities:  Opinion 22-10.