NYS Advisory Committee on Judicial Ethics – Former assistant public defenders: Opinion 21-172

New York State Advisory Committee on Judicial Ethics

Former assistant public defenders

Disqualification obligations

Opinion 21-172

Background: A supervising judge asks about the disqualification obligations of two newly elected judges who previously worked for the public defender’s office. They were both assistant public defenders, one of which was a supervisor responsible for training newly hired attorneys.

Opinion: The Committee concluded that a new full-time judge who was until recently an assistant public defender is permanently disqualified, without the possibility of remittal, from all matters in which the judge participated as an attorney, in any capacity, either personally or as a supervisor. Further, he is disqualified, subject to remittal, for a period of two years, from any matter involving the judge’s former client; but may otherwise immediately preside over new matters that are filed by the public defender’s office, including those where a defendant is represented by an attorney who was previously supervised by the judge, provided that the judge can be fair and impartial.