Judicial Ethics Committee Issues Formal Opinion on Appointing Attorney Spouse of Judicial Colleague as Minor’s Counsel

A California judicial ethics committee on Tuesday issued a formal opinion addressing whether a judge may appoint the attorney spouse of a judicial colleague to serve as minor's counsel in a family law matter before the judge.

The guidance was issued by the California Supreme Court Committee on Judicial Ethics Opinions (CJEO), a body which is appointed and authorized by, but works independently of, the California Supreme Court.

In CJEO Formal Opinion 2026-032, the committee advises that a judge is not ethically barred from appointing the attorney spouse of a judicial colleague as minor's counsel, even though the court will set, and may itself pay, the attorney's fees and expenses under rule 5.241 of the California Rules of Court.

The committee further advises that disclosure of the relationship is not required, though a judge may choose to disclose it to underscore the integrity and impartiality of the court.

The analysis would result in a different outcome if additional facts raised impartiality concerns, for example, if there is a close personal relationship between the judge and the judicial colleague or their attorney spouse; if the judge has a financial interest in the attorney; or if the judge makes a subjective determination under section 170.1, subdivision (a)(6) of the Code of Civil Procedure.

The committee issued the opinion after circulating a draft opinion for public comment in June. No public comments were received.

"This opinion offers judges practical guidance for navigating a scenario that is not uncommon, particularly on smaller benches, where judicial colleagues and their families cross paths professionally," said committee member Judge D. Brett Bianco. "The opinion strikes the right balance by protecting the court's ability to draw on qualified counsel while reinforcing the standards judges must apply when questions of impartiality arise."

About the Committee on Judicial Ethics Opinions (CJEO)
The Committee on Judicial Ethics Opinions is a 12-member advisory committee that includes appellate justices, trial court judges, two retired judges, and a commissioner. The committee is appointed and authorized by the California Supreme Court, but its work is independent of the court, the Judicial Council, and all other entities. Its opinions are advisory and do not necessarily reflect the views of the California Supreme Court or any other entity.

The committee issues formal, informal, and expedited advisory opinions on proper judicial conduct pursuant to the California Code of Judicial Ethics and other authorities. CJEO's website includes advisory opinions, resources dedicated to specific judicial assignments and issues, and extensive judicial ethics tools and resource materials for the benefit of the bench and the public.