May a judge hear cases from a legal aid agency where the judge’s law student daughter conducts research?
Apply this to your situation
This page answers the general question as of 1989. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge’s law student daughter planned pro bono research at a legal aid agency in the judge’s district. The judge asked whether the agency’s involvement barred him from hearing its cases.
The Committee said he should recuse from cases on which his daughter conducted research because his impartiality could reasonably be questioned. It allowed him to hear the agency’s other cases, noting that she was neither a lawyer nor financially interested in the outcomes.
The opinion distinguished its earlier Opinion 89-3, involving a different family relationship to a case.
Currency note
This opinion was issued in 1989, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.
Common questions
Q: Must the judge recuse from every case brought by the agency?
A: No. The Committee limited recusal to cases in which the daughter conducted research.
Q: Why did her research matter?
A: The Committee said hearing those cases could raise an appearance of impropriety or a question about impartiality.
Background and rules framework
The opinion applied former Nebraska Canons 1, 2 and 3C(1) to a judge’s family relationship with a law student working on cases before the court.
Citations and references
Former Nebraska Code of Judicial Conduct: Canons 1, 2A, 2B, and 3C(1). Earlier opinion distinguished: Nebraska Ethics Advisory Opinion 89-3.
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 89-9
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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