Judge Sitting Where Counsel is Brother of Partner
Annotate this Case 100 N.J.L.J. 646
July 21, 1977
Appointed by the New Jersey Supreme Court
OPINION 375
Judge Sitting Where
Counsel is Brother of Partner
A municipal prosecutor asks whether there is any conflict or impropriety in his prosecution of cases before a municipal court judge whose partner is a brother of the prosecutor.
This is not a conflict situation insofar as the municipal prosecutor is concerned. The question goes to the qualification of the judge under N.J.S. 2A 1519, R. 1:12-1 and Code of Judicial Conduct, Canons 2 and 3. And see, State v. Connolly, 120 N.J. Super. 511 (App. Div. 1972).
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