I am appearing before a judge and I discovered my opponent’s law firm employs the spouse of the judge. The spouse is not involved in this particular case. Should the judge recuse herself?
The answer is maybe, but there’s not an absolute requirement. The starting point from an ethical standpoint for disqualification of a judicial officer is in the Code of Judicial Conduct, Canon 3(c). Canon 3(c) deals with disqualification of a judicial officer. Clearly, a judge should disqualify themselves in any proceeding in which their impartiality might be questioned or if they have a bias.
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