Opinion No.

The Honorable Lu Hardin State Senator 260 Hilltop Drive Russellville, Arkansas 72801

Dear Senator Hardin:

This is in response to your request for an opinion on the following question:

Over what degree of consanguinity of a relative attorney can a judge preside?

I assume that your question refers to a case in which an attorney for one of the parties is related to the judge presiding in the case. In my opinion, the answer is that a judge is required to disqualify himself or herself in a proceeding in which the judge or the judge's spouse, or a person within the third degree of relationship to…