LEO: Appearance of Impropriety - Spouses  LE Op. 624

 

Appearance of Impropriety - Spouses Serving as Judge

and Assistant Commonwealth's Attorney in Same

Jurisdiction.

 

November 13, 1984

 

When an assistant commonwealth's attorney serves as such in a

jurisdiction in which her spouse serves as a judge, the assistant

commonwealth's attorney may not:

 

1. Appear before her spouse in his capacity as presiding judge.

 

2. Appear in any case assigned to her spouse in his capacity as a judge.

 

3. Inspect files of cases that are assigned to her spouse in his capacity

as a judge.

 

4. Discuss with her spouse cases which have been assigned to him in his

capacity as a judge.

 

5. Discuss with other lawyers in her office cases assigned to her spouse

in his capacity as a judge.

 

Canon 3(C) and (D) of the Canons of Judicial Ethics provide the judge

with guidance with respect to his position in such matters. [ DR:8-101(A)(

1), (2), DR:9-101; Opinion 82-2, Alaska; Opinion 1983-2, Indiana;

Opinion Cl-686, Michigan; Opinion CI-703, Michigan; Opinion 548, New York

State.]

 

Committee Opinion November 13, 1984

 

CROSS REFERENCES

 

See also LE Op. 845, and LE Op. 881.