Ezel / Ethics Opinions / JUDICIAL-NH

May a judge hear cases brought by a police department employing the judge’s son?

Short answer The Committee disqualified the judge from all cases brought by the department employing his son and said disclosure and waiver could not remit the disqualification.
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JUDICIAL-NH
Issued
October 25, 2013
Source
View Original PDF

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This page answers the general question as of 2013. 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 2013
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.
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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.
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Plain-English summary

A circuit court judge asked whether he could hear cases brought by a local police department if his son became an officer there, and whether the parties could waive any disqualification.

The Committee concluded that a reasonable person would question the judge’s impartiality in every case brought by that department. It cited the perceived personal bias toward the son and possible effects of department cases on his assignments, advancement and reputation.

The opinion held that Rule 2.11(C) did not permit remittal through disclosure and waiver because the perceived bias was personal. It also cited the effect repeated disclosures could have on public confidence in the court.

Common questions

Q: Does the disqualification cover only the son’s own cases?

A: No. The Committee applied it to every criminal prosecution or other case brought by the police department employing him.

Q: Can disclosure and consent let the judge hear those cases?

A: No. The Committee said perceived personal bias toward the son prevents remittal under Rule 2.11(C).

Background and rules framework

The opinion applied New Hampshire Code of Judicial Conduct Rule 2.11(A) and (C) to cases brought by a department employing the judge’s son.

Citations and references

New Hampshire Code of Judicial Conduct: Rule 2.11(A), (A)(1), (A)(2), and (C). Cases cited: Blaisdell v. City of Rochester, 135 N.H. 589 (1992); Scott v. United States, 559 A.2d 745 (D.C. 1989).

See also

Source

Original opinion text

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