Digest: Provided the judge can be fair and impartial, a judge who was publicly censured by the Commission on Judicial Conduct more than two years ago may preside in matters involving individuals who had testified on the judge’s behalf in the disciplinary proceeding. Disclosure is left to the judge’s discretion.

Rules: Judiciary Law § 14; 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); Opinions 21-22(A); 20-20; 07-73; People v. Moreno, 70 NY2d 403 (1987).

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