2008-21 (December 10, 2008)
Disclosure/Disqualification; Canon 3

Issue: Must a Judicial Official, who prior to appointment as a Judicial Official served as a part-time corporation counsel, recuse himself or herself from civil or criminal cases in which the former municipal employer is a party or the complaining witness, such as the arresting agency or the complaining party in a criminal housing matter?

Response: Based upon the facts presented, the Committee unanimously decided that provided the case is not one that was handled by the corporation counsel’s office at the time the Judicial Official served as corporation counsel or otherwise involves a matter about which the Judicial Official acquired personal knowledge of disputed evidentiary facts due to prior service as corporation counsel, and the Judicial Official does not believe that he or she has any personal bias (favorable or unfavorable) involving the municipality or its counsel, the Judicial Official need not recuse himself or herself. The Judicial Official must; however, for a reasonable period of time, which is not less than two years, provide notice of the prior employment relationship in such cases.