LEO: Appearance of Impropriety - Spouses LE Op. 624
Appearance of Impropriety - Spouses Serving as Judge
and Assistant Commonwealth's Attorney in Same
November 13, 1984
When an assistant commonwealth's attorney serves as such in a
jurisdiction in which her spouse serves as a judge, the assistant
commonwealth's attorney may not:
1. Appear before her spouse in his capacity as presiding judge.
2. Appear in any case assigned to her spouse in his capacity as a judge.
3. Inspect files of cases that are assigned to her spouse in his capacity
as a judge.
4. Discuss with her spouse cases which have been assigned to him in his
capacity as a judge.
5. Discuss with other lawyers in her office cases assigned to her spouse
in his capacity as a judge.
Canon 3(C) and (D) of the Canons of Judicial Ethics provide the judge
with guidance with respect to his position in such matters. [ DR:8-101(A)(
1), (2), DR:9-101; Opinion 82-2, Alaska; Opinion 1983-2, Indiana;
Opinion Cl-686, Michigan; Opinion CI-703, Michigan; Opinion 548, New York
Committee Opinion November 13, 1984
See also LE Op. 845, and LE Op. 881.