Summary
In Badger, supra, Informal Opinion No. 1477 (1981) of the ABA Committee on Ethics and Professional Responsibility was relied upon to support the disqualification of a judge who was represented, in a matter relating to his official position, by an attorney who was also counsel in a case pending before Judge Badger. It was said that "`* * * when a private lawyer is currently representing a judge, even in a matter involving the judge's official position or conduct, the judge should not sit in a case in which a litigant is represented by the lawyer * * *'."
Summary of this case from In re Disqualification of MorganOpinion
No. 88-AP-114
Submitted and decided February 10, 1989.
Judges — Affidavit of disqualification — Representation of judge in unrelated matter by counsel for defendant will be grounds for disqualification even where other matter pertains to judge's official position and where judge did not personally select counsel.
ON AFFIDAVIT OF DISQUALIFICATION.
The affidavit of disqualification herein was filed by Michael L. Silverstein, counsel for the plaintiffs, seeking the disqualification of Judge Thomas D. Badger on the ground that Judge Badger is and has been represented in unrelated matters by counsel for one of the defendants in the instant case.
There is nothing to suggest that Judge Badger is biased or prejudiced in favor of or against any party or counsel. The unrelated case pertains to the judge's official position, and Judge Badger had no involvement in the selection of the attorney who represents him.
However, Informal Opinion No. 1477 (1981) of the American Bar Association Committee on Ethics and Professional Responsibility concludes that "* * * when a private lawyer is currently representing a judge, even in a matter involving the judge's official position or conduct, the judge should not sit in a case in which a litigant is represented by the lawyer * * *." ABA/BNA Lawyer's Manual on Professional Conduct (1986) 801:329.
This opinion will be followed in the instant case and Judge Badger should participate no further in these proceedings. I will assign a visiting judge to preside in this matter.