Opinion 94-47

April 28, 1994


Digest:         A judge should disclose the fact to adversary counsel that an attorney and the court reporter are married, in matters where that attorney is appearing and the court reporter is recording the appearance.


Rules:          22 NYCRR 100.2


         An attorney who appears frequently in Family Court will be marrying the court reporter who works in the court on a daily basis. A judge of the court asks whether there is a conflict if the attorney who is appearing in a matter is the spouse of the court reporter who is making the record of the proceeding.

         In the opinion of the Committee the marriage of the attorney and the court reporter does not create a conflict. However, the judge should disclose the relationship to all parties on those occasions when an appearance is being made by the attorney whose court reporter spouse is recording the proceeding.