2009-05 (January 27, 2009)
Recommendations; Disclosure/Disqualification; Canons
2 & 3B;
C.G.S. § 51-39a
Issue: May a
Judicial Official provide a letter of support for an
attorney who has been nominated to receive a
professional service award from a private
organization?
Response:
Based upon the facts presented, the Committee
unanimously approved the request subject to the
following conditions: (1) the Judicial Official has
personal knowledge of the candidate’s qualifications
that are relevant to the particular award, (2) the
candidate is not, as noted in the inquiry, a
relative within the meaning of the Code or C.G.S. §
51-39a, (3) the Judicial Official indicates that the
opinions expressed represent the personal opinions
of the Judicial Official, (4) neither the nominated
attorney nor members of his or her law firm or the
organization giving the award have an appearance
before the Judicial Official at the time the
recommendation is provided or for a reasonable
period, under the circumstances, before or after the
submission of the letter of support, and (5) if the
Judicial Official believes that recusal would be
required in order to comply with condition (4)
because his or her fairness would be impaired, and
that recusal is likely to be frequent, the Judicial
Official should not provide the letter of support.