Opinion 22
(This Opinion discusses a prior version of the Canons of Judicial Conduct: the most comparable current rule is: See Rule 2-2.11 Recusal, Subdivision (A)(5).)
Issue:
Should a Magistrate Judge disqualify himself in probate and guardianship matters where he or his former law partner has been involved as a private practitioner?
Discussion:
The appropriate Supreme Court Rule is Canon 3 (C)(1)(b) which states:
Probate and guardianship proceedings are often a matter of routine approvals and accountings. However, it is possible that these routine approvals and accountings are controversial or might bloom at a subsequent time into a matter of controversy. Therefore, it is the opinion of this Commission that even routine probate and guardianship matters are “matters in controversy” as used in Canon 3 (C)(1)(b) and as such they require the Magistrate Judge to disqualify himself.
(Undated)
COMMISSION ON THE RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 22
OPINION 22
Issue:
Should a Magistrate Judge disqualify himself in probate and guardianship matters where he or his former law partner has been involved as a private practitioner?
Discussion:
The appropriate Supreme Court Rule is Canon 3 (C)(1)(b) which states:
“C. Disqualification.
(1) A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where:
* * *
(b) he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;…”.
Probate and guardianship proceedings are often a matter of routine approvals and accountings. However, it is possible that these routine approvals and accountings are controversial or might bloom at a subsequent time into a matter of controversy. Therefore, it is the opinion of this Commission that even routine probate and guardianship matters are “matters in controversy” as used in Canon 3 (C)(1)(b) and as such they require the Magistrate Judge to disqualify himself.
(Undated)