I. May a judge hear cases in which a party is represented by an attorney who is a member of a law firm to which a referee appointed by the judge formerly belonged where the referee does not participate in the case? Answer: Yes. II. May the referee hear cases in which a party is represented by an attorney who is a member of the referee’s former law firm? Answer: The judge should not permit the referee to hear cases where a former law partner of the referee served as a lawyer in the matter while they practiced together; he also should not permit the referee to hear cases in which the referee’s former firm is involved so long as the firm continues to pay the referee’s health insurance premiums.

DISQUALIFICATION WHEN A MEMBER OF THE JUDGE’S REFEREE’S FORMER FIRM IS AN ATTORNEY IN THE CASE

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Categories: Advisory Opinions