NYS Advisory Committee on Judicial Ethics – Disqualification: Opinion 17-19

New York State Advisory Committee on Judicial Ethics

Disqualification

Remittal – Former court attorney

Opinion 17-19

Background: The Committee previously concluded that when a court attorney had been elected district attorney, the judge was required to disqualify himself for one year from all matters where the district attorney’s office appeared. The inquiring judge asks if this is subject to remittal.

Opinion: The Committee concluded that such a disqualification would be not be subject to remittal of the any party is appearing without counsel or if the judge is unwilling or unable to make full disclosure on the record. Further, remittal is not permitted where a judge, his spouse or relative within the sixth degree of relationship to either is a party to the proceeding; where the judge is a material witness to the facts; when the judge has a personal bias or prejudice concerning a party; or if the judge has served as a lawyer in the matter in controversy. If none of these scenarios is implicated, the disqualification is subject to remittal.