NYS Advisory Committee on Judicial Ethics – Judge’s recusal: Opinion 22-33

New York State Advisory Committee on Judicial Ethics

Judge’s recusal

Possible conflict – Reporting the judge

Opinion 22-33

Background: The inquiring judge is presiding in a criminal case. He asks if it is necessary to report the judge who previously conducted a bail hearing in the matter. After presiding in the bail review, the other judge recused in order to avoid any potential appearance of impropriety.

Opinion: The Committee concluded that, on the facts presented, a judge presiding in a criminal case need not investigate the timing of another judge’s prior recusal in the matter nor take any further action.