I.Ethics Opinions: Disqualification Required

State Bar of Michigan Ethics Opinions are not binding and do not have the effect of law, but many times are helpful to the inquirer in deciding ethical issues regarding future conduct. Adair v Michigan, 474 Mich 1027, 1039 n 13 (2006). The ethics committee has required judicial disqualification in a variety of circumstances:¹

Personal Relationship With Attorney, Judicial Officer, Party, or Witness

•Party or attorney was cohabiting with the judge.

“A judge . . . should [be] disqualif[ied] if [a party’s attorney] is cohabiting with or dating the judge. . . . A judge must disclose to [the] parties if the judge is living with or dating a lawyer for either of the parties in the matter.” State Bar of Michigan Ethics Opinion R-3 (July 21, 1989).

•Lawyer and his or her spouse both serve as judicial officers.

“When a lawyer and the lawyer’s spouse both serve as judicial officers, one spouse should not supervise the performance of or review judicial decisions of the other.” State Bar of Michigan Ethics Opinion JI-31 (December 8, 1990). “A judge’s disqualification from reviewing decisions of the judge’s spouse is not imputed to other members of the judge’s court.” Id.

Professional Relationship With Attorney, Judicial Officer, Party, or Witness

•Lawyer appearing before the judge also represented the judge or the judge’s former law firm in pending litigation.

“A judge who, along with the judge’s former law firm, is a defendant in a malpractice action, may not preside over any matter in which a member of the former law firm, or a member of the law firm which represents the judge and the former law firm in the malpractice action, appears until the malpractice action is resolved.” State Bar of Michigan Ethics Opinion JI-39 (June 26, 1991).