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 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Facts/Issue: The inquiring judge has been assigned a personal injury case, in which the defendant is currently represented by a lawyer and law firm whose participation presents no conflicts for the judge.  However, the judge knows that judge's former law partner had previously served as counsel in this specific case while they were associated in the practice of law.  The substitution of counsel relieving the judge's former law partner happened over a year ago, and before the judge assumed the bench.  The judge never participated in the case and has no extra-judicial knowledge of it.  On these facts, the judge asks if it is ethically permissible to preside in the matter.