This opinion modifies the committee's advice in Opinion 08-98 with respect to a former judge appearing before a court attorney referee who was the former judge's subordinate and Opinion 08-91 with respect to a former chief court attorney appearing before a court attorney referee who was the former chief court attorney's subordinate.
1. As the committee has previously noted: "Remittal involves three steps. First, the judge must fully disclose the basis for disqualification on the record.…Second, following such disclosure, and without the judge's participation, the parties who have appeared and not defaulted and their lawyers must all agree that the judge should not be disqualified. Third, the judge must independently conclude that he/she can be impartial and be willing to participate in the case. If all three steps are satisfied, the judge may accept remittal of his/her disqualification and must incorporate the parties' and their attorneys' agreement into the record of the proceeding" (Opinion 09-138, relying on 22 NYCRR ?100.3[F]).
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