Must a judge recuse from cases handled by firms representing a brother or spouse in unrelated family matters?

Short answer The Committee said no recusal was needed without a special judge-lawyer relationship, but the judge’s attendance at meetings with the spouse’s probate lawyer created a relationship requiring disclosure and disqualification unless remitted in writing.
Bar
JUDICIAL-NE
Issued
July 6, 1992

Apply this to your situation

This page answers the general question as of 1992. 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 Not binding precedent.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 asked about cases involving lawyers representing a brother in a dissolution and a spouse in probate of the spouse’s father’s estate. The judge had attended meetings with the spouse’s probate lawyer.

The Committee said representation of a family member alone did not require recusal if the judge had not chosen the lawyer and had no special dealings with that lawyer. The judge’s meetings with the spouse’s probate lawyer, however, created a special relationship if continued and made disqualification appropriate.

The opinion described on-record disclosure and a written agreement signed by parties and lawyers as the route to remittal, permitting participation in otherwise unrelated cases. It also cautioned that helping the spouse could not amount to unauthorized law practice.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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: Did every lawyer hired by a family member trigger recusal?

A: No. The Committee focused on whether the judge had chosen or developed a special relationship with the lawyer.

Q: Why was the spouse’s probate lawyer different?

A: The judge attended meetings with that lawyer and the spouse, creating a special relationship under the opinion.

Q: Could the disqualification be remitted?

A: Yes. The opinion described on-record disclosure and written agreement by all parties and lawyers.

Background and rules framework

The opinion applied the pre-September 1992 Nebraska Code’s Canons 3C and 3D on disqualification and remittal. It also discussed Neb. Rev. Stat. §§ 24-315(3) and 7-111.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 3C(1), 3C(1)(d)(ii), and 3D. Statutes discussed: Neb. Rev. Stat. §§ 24-315(3) and 7-111.

See also

Source

Original opinion text

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

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