Higdon

Once a court commissioner resigns and joins a law firm, under what circumstances, if not in all instances, should the firm be disqualified from representing a party to an action which, in any contested part, was heard by the former commissioner? The instant consolidated petitions for writ of mandate present this question.

Both of the underlying actions are marital dissolution proceedings in which then Court Commissioner William T. Helms heard and decided contested matters. Upon his subsequent resignation, Helms accepted employment as an associate with the law firm of Edward J. Thomas. Laura L. Higdon and Jean Lewis, real parties in interest, each then filed in her respective case a motion to recuse Thomas, counsel for both petitioners, Dallis I. Higdon and Stephen Lewis. Each real party asserted Thomas’s continued representation of her husband would give an “appearance of impropriety”; neither claimed an actual conflict of interest.

The respondent court granted the motions. Petitioners now request that we compel the respondent court to vacate its orders disqualifying Thomas.

Discussion

Standard of Review

Real parties and petitioners agree that the correct standard of…