December 8, 1988
Digest: A judge may preside over cases in which the judge’s former student research clerk represents a party.
Rules: 22 NYCRR 100.3(c).
A judge inquires whether he/she may preside over cases in which one party is represented by an attorney who formerly served as the judge’s research clerk, while the attorney was a student in law school and whom the judge since has given an employment recommendation.
Section 100.3(c) of the Rules of the Chief Administrator, which covers the disqualification of judges, contains no prohibition against a judge presiding over a case where the judge’s former student research clerk is an attorney for one of the parties. Accordingly, the judge has no need to inform the parties of his/her relationship with the former student research clerk or to disqualify himself/herself from presiding over the case, unless the judge personally has a doubt about his/her ability to remain impartial.