August 11, 2011
The South Carolina Advisory Committee on Standards of Judicial Conduct opines that a judge need not be recused from a matter in which her law clerk's uncle represents the State. The law clerk may only participate in such matters with the consent of all parties:
A circuit court judge need not automatically disqualify himself or herself from a proceeding in which the solicitor appears where the solicitor’s nephew is the judge’s law clerk; the judge can prevent the law clerk from working on this cases, which eliminates any potential conflict, or the judge can allow the law clerk to participate and disclose for the record the law clerk’s relationship with the solicitor and disqualify himself or herself if any party objects.
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