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Topics: Conflict of Interest/Failure to Disqualify

Opinion 42

Summary: A judge, who is a director of and shareholder in a bank, is not disqualified as a matter of law to preside in a domestic relations case involving a secured or unsecured creditor or debtor of the bank. The same rule would be applicable to any other type of civil litigation or where one of th...

Opinion 43

Summary: It is inappropriate for a judge to act as chairman of an annual fund raising campaign of the local United Givers organization. Issued: January 20, 1981

Opinion 44

Summary: An Associate Judge of a State Court should not file dispossessory warrants and handle civil and criminal cases in that court even though the regular judge of the court presides in such cases. Issued: January 24, 1981

Opinion 45

Summary: A part-time Juvenile Court Judge is permitted to practice law and may represent a county board of education. In such representation the judge may act as a lawyer in a disciplinary proceeding before the board, so long as the proceeding does not involve a matter previously heard in the judge'...

Opinion 46

Summary: It would be improper for a Judge of the Superior Court to participate as a judge in a mock trial of a medical malpractice action held as a part of a seminar conducted by a county medical society. It would be improper for a judge to request that an honorarium be paid to a charity or ot...

Opinion 48

Summary: A part-time Juvenile Court Judge may represent a party in divorce action, even though child abuse charges involving a child of one of the parties had previously been the subject of a proceeding in Juvenile Court but had been terminated by agreement, so the prior proceedings did not involve ...

Opinion 49

Summary: Purchase of law firm assets, formerly owned by a newly selected judge, giving rise to a deferred payment debt by a lawyer practicing as counsel in the new judge's court does not mandate disqualification. Recusal would be in order if the judge entertains any reasonable doubt concerning the a...

Opinion 50

Summary: A judge may attend a Bench and Bar Conference and Retreat sponsored by the Atlanta Bar Association in connection with which the judge's expenses are paid from registration fees paid by members of trial bar or from general revenues of Association. Issued: September 29, 1982

Opinion 51

Summary: A newly elected judge should give up any non-family trusteeship, as soon as reasonably possible, even though originally appointed because of a very special relationship with the creator of the trust, and regardless of the difficulty that might be encountered in explaining the termination of...

Opinion 53

Summary: For a part-time State Court Judge to hold a liquor license in that lawyer's name for a client detracts from the dignity of office and tends to interfere with the performance of judicial duties and is therefore improper. Issued: November 19, 1983

Opinion 54

Summary: A judge is not disqualified from presiding in a matter solely because an attorney who represented the judge in the past appears as counsel. If additional circumstances exist which, along with such prior representation, afford a reasonable basis for questioning judicial impartiality, then th...

Opinion 226

Summary: Opinion No. 220 issued April 25, 1997 is modified so as to conform to the statutory provisions of O.C.G.A. 15-6-8 (4) specifically authorizing the superior courts of this state to exercise general supervision over all inferior tribunals in their respective jurisdictions. Except as modified,...

Opinion 229

Summary: The disqualification requirement of Opinion No. 220 does not require automatic disqualification in a civil case wherein one of the parties is the Designated Chief Deputy Clerk of the Superior Court. Issued: June 26, 1996

Opinion 232

Summary: Summer employment by a law firm of a judge' s college age daughter who will be completely isolated from any matter over which her father may preside and in which her employer firm may appear as counsel, does not require automatic disqualification under either Canon 3E or 2A. Issued: March ...

Opinion 233

Summary: Opinion No. 230 issued July 24, 1998 has been WITHDRAWN and OVERULED so as to conform to the statutory provisions of O.C.G.A. 16-10-9 which states: It shall be unlawful Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or ...

Opinion 234

Summary: The mere fact that an employee works for a law enforcement body in a county different from the county in which they would serve as a Magistrate judge will not change the fact that a conflict of interest would exist and therefore the employee would be unable to also serve as a Magistrate. I...

Opinion 235

Summary: A judge should recuse in any case involving the judge's spouse as a material witness. When a judge's spouse is the Sheriff of the county where the judge serves, the judge must recuse from hearing any case involving deputies employed by the judge's spouse. If a judge is disqualfied, an ...

Opinion 237

Summary: The Judicial Qualifications Commission has been asked whether a judge, who has a godparent or godchild relationship with an attorney or other interested party who may appear before the court, (and, in this specific the attorney is also the godparent of the judge's children) is required to d...

Opinion 238

Summary: The specific question presented is whether a judge in a multi-county circuit may preside over criminal cases which originate in the office of the District Attorney where the judge’s spouse serves as the “Chief Assistant District Attorney.” The Superior Court Judge has requested this Opinion...

Opinion 240

Summary: A part-time Juvenile Court judge, who is allowed to practice law in courts other than his or her own court and who also periodically presides as judge over custody cases by assignment pursuant to O.C.G.A. § 15-1-9.1 from the Superior Court Judges within his circuit, may not represent a part...
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