The Judge's Relative is Affiliated With Counsel of Record: The Ethical Dilemma

Abstract

This Article examines various aspects of the ethical dilemmas judges face when assigned to preside over a case in which a relative is affiliated with counsel or record. It discusses relevant federal and state ethical standards including the appearance of partiality, the relative-lawyer's interest, and the disclosure of the relationship by judge and waiver. It then addresses the application of the standards in case law and other situations through the relative-lawyer's law firm position either as a partner, non-partner, or public attorney. The last part proposes supplemental Code or Commentary language for consideration by state and federal courts and legislatures.

Keywords: ethics, relationships, relative, counsel

JEL Classification: K4, K00