May a part time district judge appear as counsel or guardian ad litem in a family court where the judge formerly served?

Short answer The Committee allowed an appearance in the former court unless the judge served in that case or a related proceeding; the former colleague was not automatically disqualified.
Bar
JUDICIAL-NH
Issued
July 10, 2006

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This page answers the general question as of 2006. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2006
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 part time district judge had left Family Division certification and resumed marital practice. A marital master who had worked alongside the judge asked whether the master could hear cases in which the judge appeared as counsel or guardian ad litem.

The Committee read Compliance Rule C(2) to allow the former Family Division judge to appear there because the judge no longer served on that court. It barred an appearance in any case or related proceeding in which the lawyer had served as judge.

The master’s prior professional contact and approval of recommendations by the former judge did not automatically require disqualification. The Committee favored disclosure of their prior working relationship to the parties for a reasonable administratively determined time.

Common questions

Q: May the part time judge practice in the former Family Division?

A: Yes, under the opinion, because the judge no longer served on that court, except in a case or related proceeding in which the lawyer served as judge.

Q: Must the marital master automatically recuse from the former judge’s cases?

A: No. The Committee said the prior professional relationship alone did not automatically disqualify the master.

Q: Does the answer change if the former judge appears as guardian ad litem?

A: No. The Committee said the ethical analysis and result were the same.

Background and rules framework

The opinion applied the then effective New Hampshire Code of Judicial Conduct Compliance Rule C(2) and Canon 2 to appearances by a part time judge and disqualification of a former colleague. It also discussed New Hampshire Rule of Professional Conduct 1.12.

Citations and references

New Hampshire Code of Judicial Conduct: Compliance Rule C(2); Canon 2(A), (B). Rule of Professional Conduct discussed: Rule 1.12.

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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