Opinion 101
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-2.11 Recusal, Subdivision (A).)
Issue:
Should an appellate judge disqualify himself in a case where the law firm which he uses for personal legal business, and which annually prepares his tax return, appears as attorney of record?
Discussion:
Supreme Court Rule 2, Canon 3(c)(1) states:
The deciding language of Canon 3(c)(1) of whether the judge need disqualify himself is whether his impartiality might reasonably be questioned. In the present case, the judge maintains a continuing business relationship by employing the firm to prepare annual tax returns and for other occasional legal matters. In the opinion of the Commission on Retirement, Removal and Discipline, as a result of this continuing business relationship, the judge’s impartiality might reasonably be questioned and therefore, to avoid the appearance of impropriety, he should disqualify himself in all cases involving any law firm with which he maintains a continuing attorney-client relationship.
(Dated: June 4, l984)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 101
Issue:
Should an appellate judge disqualify himself in a case where the law firm which he uses for personal legal business, and which annually prepares his tax return, appears as attorney of record?
Discussion:
Supreme Court Rule 2, Canon 3(c)(1) states:
A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned ....
The deciding language of Canon 3(c)(1) of whether the judge need disqualify himself is whether his impartiality might reasonably be questioned. In the present case, the judge maintains a continuing business relationship by employing the firm to prepare annual tax returns and for other occasional legal matters. In the opinion of the Commission on Retirement, Removal and Discipline, as a result of this continuing business relationship, the judge’s impartiality might reasonably be questioned and therefore, to avoid the appearance of impropriety, he should disqualify himself in all cases involving any law firm with which he maintains a continuing attorney-client relationship.
(Dated: June 4, l984)