The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.

This responds to your inquiry (21-27) asking whether you may hear a custody/visitation case involving the same family in which you had previously served as attorney for the child 12 years ago.

A judge is disqualified in any proceeding in which their impartiality might reasonably be questioned (see NYCRR 100.3[E][1]) or in any other circumstances as required by rule or by law (see 22 NYCRR 100.3[E][1][a]-[f]; Judiciary Law § 14).  As relevant here, a judge is prohibited from presiding over or taking part in any action in which they have previously served as counsel (see Judiciary Law § 14; 22 NYCRR 100.3[E][1][b][i]).