publications_unodc_commentary-e

4.4 A judge shall not participate in the determination of acase in which any member of the judge's familyrepresents a litigant or is associated in any manner withthe case.CommentaryWhen recusal is mandatory128. A judge is ordinarily required to recuse himself or herself if any member ofthe judge’s family (including a fiancé or fiancée) has participated or has entered anappearance as counsel.If the family member is affiliated with a law firm129. Members of a law firm normally share profits or expenses in some mannerand are motivated to acquire clients, in part, through the successful conclusion oftheir cases. However, the fact that a lawyer in a proceeding is affiliated with a lawfirm with which a member of the judge’s family is affiliated may not, in and ofitself, require the judge’s recusal. Under appropriate circumstances, the fact that thejudge’s impartiality may reasonably be questioned or that the relative is known bythe judge to have an interest in the law firm that could be substantially affected bythe outcome of the proceeding will require the judge’s recusal. In addition, factorsthat a judge may consider in a case by case analysis include, but are not limited to,the following:(a) the appearance to the general public of the failure to recuse;(b) the appearance to other lawyers, judges and members of the public of thefailure to recuse;(c) the administrative burden of the recusal on the courts; and(d) the extent of the relative’s financial, professional, or other interests in thematter.If the family member is employed in a legal department of government130. Although government lawyers are paid a salary and no economic or profitmotive is usually involved in the outcome of criminal or civil cases, the desire toachieve professional success is a factor to be considered. Therefore, even if a familymember who is employed in a public prosecutor’s or public defender’s office does92