January 7, 1991
The Advisory Committee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-194), dated November 27, 1990, concerning the propriety of a judge presiding over a case where one of the parties is represented by a large municipal law office where the judge’s son is employed. The judge’s son is not appearing or involved in the matter.
Enclosed for your information is Opinion 89-127, Vol IV, in which this Committee found that a judge may preside over matters handled by the district attorney’s office, even though the judge’s son works in that office. Accordingly, a judge may preside over cases handled by a law office where the judge’s son is employed, so long as the son is not in any way involved with the cases.
Very truly yours,
Samuel J. Silverman