The New York Advisory Committee on Judicial Ethics has issued Opinion 26-12, clarifying when a judge may preside over cases involving a former judicial colleague.
The opinion addresses a scenario where a judge inquired about presiding in matters involving a former colleague who had served on the same court for several years. This former colleague has since returned to practicing law and is now in-house counsel for an agency that frequently appears in the judge’s court.
The judge indicated that they do not maintain any ongoing social or business relationships with the former colleague outside of occasional Bar Association events. The committee determined that such a relationship, as described, would likely be considered one of “acquaintances,” which, according to Opinion 11-125, does not automatically necessitate disclosure or disqualification.
The opinion emphasizes that the mere fact of their prior service on the same court does not, in itself, require a judge’s recusal. Instead, the judge must personally assess whether their existing relationship with the attorney would create an appearance of impropriety or could potentially influence their conduct or judgment in a case. This critical determination rests solely with the presiding judge’s discretion.
Ultimately, a judge can preside in matters involving a former judicial colleague unless they conclude that their relationship would lead to an appearance of impropriety or affect their decision-making.
