Opinion 125
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-2.11 Recusal, Comment 3.)
Issue:
Must a municipal judge disqualify himself when the lawyer/spouse of the judge’s law partner appears in his court? Is the Commission’s opinion the same if the appearance is made by another member of the lawyer/spouse’s law firm?
Discussion:
The commentary to Supreme Court Rule 2, Canon 3C(1)(d) states:
In the opinion of the Commission on Retirement, Removal and Discipline, the judge need not disqualify himself when his law partner’s spouse or a member of the spouse’s law firm appears before him unless the judge’s impartiality might reasonably be questioned. Whether his impartiality might reasonably be questioned will depend on the facts and circumstances of each individual case.
The commentary to Canon 3C(1)(d) refers to a lawyer-relative of the judge appearing before the judge. However, in the Commission’s opinion, the same commentary applies to a situation where the attorney making the appearance is related to the law partner of the judge.
(Dated: April 28, 1986)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 125
Issue:
Must a municipal judge disqualify himself when the lawyer/spouse of the judge’s law partner appears in his court? Is the Commission’s opinion the same if the appearance is made by another member of the lawyer/spouse’s law firm?
Discussion:
The commentary to Supreme Court Rule 2, Canon 3C(1)(d) states:
The fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated does not of itself disqualify the judge. Under appropriate circumstances, the fact that ‘his impartiality might reasonably be questioned’ under Canon 3(1), or that the lawyer-relative is known by the judge to have an interest in the law firm that could be ‘substantially affected by the outcome of the proceeding’ under Canon 3C(1)(d)(iii) may require his disqualification.”
In the opinion of the Commission on Retirement, Removal and Discipline, the judge need not disqualify himself when his law partner’s spouse or a member of the spouse’s law firm appears before him unless the judge’s impartiality might reasonably be questioned. Whether his impartiality might reasonably be questioned will depend on the facts and circumstances of each individual case.
The commentary to Canon 3C(1)(d) refers to a lawyer-relative of the judge appearing before the judge. However, in the Commission’s opinion, the same commentary applies to a situation where the attorney making the appearance is related to the law partner of the judge.
(Dated: April 28, 1986)