LAWYER IN FIRM OF TRUSTEE

Opinion No. 7 (1975)*


QUESTION: Should a judge recuse in a case in which one of the lawyers is a member of the same firm as a lawyer who is a trustee, with discretionary powers, of a trust in which the judge's wife is a beneficiary?

ANSWER: It is the opinion of the Committee that the judge is not required to recuse unless he knows that his impartiality is likely to be questioned.

_______________

*Provisions relating to recusal and disqualification were removed from Canon 3C effective January 21, 1987. See Rules 18a and 18b, Texas Rules of Civil Procedure.