Muni Judges Must Recuse When Counsel is an Adversary – State v. McCabe

[1/25/10 – 11:27 am] In this morning’s Supreme Court decision captioned State v. McCabe, the Justices established a new, bright-line rule that requires municipal court judges to recuse themselves whenever one of the attorneys in the case before them in municipal court is also an adversary to the judge in unrelated civil litigation. In those instances where the judge and the attorney were former adversaries, the provisions of Rule 1:12-1 should control whether the judge should recuse himself, with special emphasis on whether any animosity existed between the judge and the attorney and how long it has been since the civil litigation was resolved.

Download a copy of State v. McCabe.

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