Opinion 88-17(d)

March 14, 1988

Topic:          Resident of judge’s neighborhood is party in litigation before part-time judge of local court.

Digest:         Unless there is some additional disqualifying circumstance, or if the judge is doubtful of his or her ability to preside impartially, the mere fact that a person who lives in the judge's neighborhood is a party to the lawsuit does not require disqualification.

Rules:          22 NYCRR 100.3(c)

Opinion:

         A lawyer who is a part-time judge of a local court asks whether he must disqualify himself if a person who lives in his neighborhood is a party to the lawsuit.

         Unless there is some additional disqualifying circumstance, it is the Committee's opinion that the mere fact that a party is a neighbor of a judge, that is, a resident of the judge's neighborhood, does not require the judge to disqualify himself or herself from presiding over the case, unless the judge has a doubt bout his or her ability to remain impartial.

         This Opinion is advisory only and does not bind either the Office of Court Administration or the Commission on Judicial Conduct.