JEAC’s latest opinion on judges with family ties to prosecutors
Are county court judges required to recuse themselves from cases at bond hearings or on warrant duty when the judge’s spouse is the chief of the felony division at the State Attorney’s Office in the same county where the judge presides?
Yes, according to the Judicial Ethics Advisory Committee, if the spouse is the “boss,” or is supervising or in the line of supervision of the prosecutors appearing before the judge, then they must step aside to prevent any appearance of conflict.
The JEAC acted September 3, releasing Opinion Number: 2024-14.
“The facts presented herein are not unusual as the Committee has previously considered and provided input regarding similar scenarios over the years,” the committee said, adding the affiliation of family members with the system partners that work with the judges and judicial system is quite common.
“Avoiding the appearance of impropriety must prevail each and every time,” the committee said. “Ultimately, each judge must separately consider and determine ‘whether the conduct would create in reasonable minds, with knowledge of all of the relevant circumstances that a reasonable inquiry would disclose, a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.’”
The Judicial Ethics Advisory Committee is charged with rendering advisory opinions to judges and judicial candidates on the application of the Code of Judicial Conduct to their circumstances. While judges and candidates may cite the opinion as evidence of good faith, the opinions are not binding on the Judicial Qualifications Commission.
