Receded from in Opinion 81-01

Opinion 78-20

September 7, 1978


Dear Judge:


The Committee on Standards of Conduct Governing Judges acknowledges your recent inquiry wherein you ask if you are required to recuse yourself from cases which may come before you that are handled by members of the law firm of which your husband is a junior member, the firm being a professional association.

A majority of the participating members of the Committee are of the view that there is no impropriety or violation of any Canon involved in your sitting on cases argued by members of said law firm. However, they do feel that in each instance you should advise the parties of your husband's relationship with the firm and offer to recuse yourself. Needless to say, all of the participating members of the Committee are of the opinion that you should recuse yourself on al cases where you husband is attorney of record.

Two of the participating members of the Committee feel that you should recuse yourself on all cases handled by the firm of which your husband is a member.

I trust that the above opinion will be of assistance to you.


Sincerely yours,


Tyrie A. Boyer, Chairman
Committee on Standards of Conduct Governing Judges

TAB/sw

Participating members: Judges Boyer, Carlisle, Haverfield, O'Connell, Richardson,Stephenson, Turner and Samuel J. Powers, Attorney