May a new judge receive payment for former contingency matters and hear cases involving the former or associated firms?

Short answer The Committee treated valuation of the former contingency interest as outside judicial ethics, but required recusal from cases involving the former firm or associated firm while the judge retained a financial interest, subject to remittal where applicable.
Bar
JUDICIAL-NE
Issued
November 17, 1993

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This page answers the general question as of 1993. 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 Not binding precedent.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 new judge had sold an interest in a former law firm, including rights connected to contingent-fee cases handled with another firm. The judge asked how payments from those unresolved matters affected judicial duties.

The Committee said valuation of the former lawyer’s interest in contingency cases was governed by the lawyer conduct rules rather than the judicial ethics code. After swearing-in, the judge had to recuse from cases involving the former firm while it owed compensation, unless disqualification was remitted.

The same recusal requirement applied to cases involving the other associated firm until the joint contingency matters were resolved. The Committee tied the result to the judge’s continuing financial interest and left other possible recusal grounds unaddressed.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 the judicial ethics opinion set the value of the contingency interest?

A: No. It said valuation and the prior fee arrangements were matters of lawyer professional responsibility.

Q: When did the former firm trigger recusal?

A: The opinion required recusal from its cases while the judge was owed compensation from the sale, subject to remittal.

Q: Did the associated outside firm also trigger recusal?

A: Yes. The Committee said recusal continued while the contingency matters involving that firm remained unresolved.

Background and rules framework

The opinion applied former Nebraska Canons 2A, 3E and 4D and discussed Neb. Rev. Stat. § 24-739. It distinguished prior lawyer fee arrangements from the new judge’s continuing disqualification obligations.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 2A, 3E(1), 3E(1)(b), 4D(1), 4D(2), and 4D(4). Statute: Neb. Rev. Stat. § 24-739. Lawyer rules discussed: former Code of Professional Responsibility Ethical Considerations 2-20 and 2-22.

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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