September 24, 1992
Digest: A judge should recuse himself or herself from all matters where the judge’s landlord appears as an attorney.
Rule: 22 NYCRR 100.3(c).
A judge asks whether an attorney, who also serves as the court-appointed receiver for the building where the judge lives, may appear before the judge. The judge pays the rent to this receiver.
Section 100.3(c) of the Rules of the Chief Administrator requires that judges disqualify themselves where their impartiality might reasonably be questioned. As the receiver serves as the judge's landlord, the judge’s impartiality might reasonably be questioned if the judge presides over matters in which the receiver appears as an attorney. Accordingly, the judge should disqualify himself or herself in all matters where the receiver serves as an attorney.