Invitation to Comment: Appointing the Spouse of a Judicial Colleague as Minor’s Counsel

The California Supreme Court Committee on Judicial Ethics Opinions (CJEO) invites public comment on a draft formal opinion addressing ethical guidelines a judge must consider when appointing the attorney spouse of a judicial colleague as minor's counsel in a case before that judge.

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

"Judges regularly navigate professional relationships while maintaining their duty of impartiality," says committee member Judge Brett Bianco. "The focus remains on the integrity, independence, and impartiality of the court."

The committee's Invitation to Comment is posted on CJEO's website. Comments are due by Aug. 3, and may be submitted by CJEO's online comment form, by email to [email protected], or by mail to:

Jody Vakili
Chief Counsel
California Supreme Court Committee on Judicial Ethics Opinions
350 McAllister Street
San Francisco, California 94102

All comments submitted to CJEO may be posted on CJEO's website for public review unless clearly marked as confidential.

Public comments are an important part of CJEO's process. These comments provide useful insight and help ensure that the committee considers all potential solutions, consequences, and points of view, which serves to improve the final opinion.

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.