May a judge hear cases from a legal aid agency where the judge’s law student daughter conducts research?

Short answer The Committee said the judge should recuse from cases on which his daughter conducted research, but could hear the agency’s other cases because she was not a lawyer and had no financial interest in their outcomes.
Bar
JUDICIAL-NE
Issued
August 17, 1989

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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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 Treat this page as historical context, not current guidance.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

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1989. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace