May a part time district judge appear as counsel or guardian ad litem in a family court where the judge formerly served?
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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.
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
- Landing page: New Hampshire Advisory Committee on Judicial Ethics opinions
- Original PDF: Opinion 2006-ACJE-03
- Archived official PDF: reviewable capture
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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