100 N.J.L.J. 646
                                        July 21, 1977

OPINION 375

Judge Sitting Where
Counsel is Brother of Partner

    A municipal prosecutor asks whether there is any conflict or impropriety in his prosecution of cases before a municipal court judge whose partner is a brother of the prosecutor.
    This is not a conflict situation insofar as the municipal prosecutor is concerned. The question goes to the qualification of the judge under N.J.S. 2A 1519, R. 1:12-1 and Code of Judicial Conduct, Canons 2 and 3. And see, State v. Connolly, 120 N.J. Super. 511 (App. Div. 1972).