2010-04 (February 5, 2010)
Disclosure/Disqualification; Canon 3

Issue: Must a Judicial Official, who served as an assistant attorney general (AAG) approximately 15 years ago, recuse him/herself from presiding over any cases in which his/her former client is a party or, at a minimum, disclose the prior relationship.

Response: Based on the facts presented, the participating members of the Committee unanimously determined that the Judicial Official is not disqualified from presiding over the case involving a former client subject to the following conditions: (1) the case is not one that was handled by the Attorney General’s Office at the time the Judicial Official served as an AAG, (2) the Judicial Official does not believe that he or she has any personal bias (favorable or unfavorable) involving the client or the Attorney General’s Office, and (3) the former client will not be defending policies or practices that the Judicial Official helped to formulate or defend. In addition, the Committee concluded that the Judicial Official does not have any affirmative obligation to provide notice to the litigants of the prior relationship. See also JE 2008-21.