1. However, where the judge's law clerk's spouse is a private practitioner, the spouse and his/her partners and associates have a financial relationship that warrants disclosure and consent by the parties for the judge's continued participation in a case both when the law clerk's spouse appears in the judge's court as well as when the law clerk's spouse's partners and associates appear. The judge must also insulate his/her law clerk from all cases involving the private firm (see Opinion 08-126).
2. A judge who is disqualified may disclose on the record the basis of the disqualification and if the parties who have appeared and not defaulted and their lawyers, without the judge's participation, agree on the record that the judge should not be disqualified, and the judge can be impartial and is willing to participate, the judge may preside (see 22 NYCRR 100.3[F]). However, remittal is not available if a party appears without representation (see Joint Opinion 07-114/07-120).
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