Connecticut Committee on Judicial Ethics
Informal Opinion Summaries
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.
Committee on Judicial Ethics