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Retired Judges and Disclosures

Thursday, November 05, 2026 7:45 AM | Anonymous

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What is the duty of retired judges serving as neutrals to disclose past cases (e.g. names of past parties

and counsel) from the bench? In the case of arbitration, when would failure to disclose create a risk of award vacatur for lack of impartiality?

What are your thoughts?

Comments

  • Thursday, November 05, 2026 8:01 AM | Alan Pralgever
    In this regard, I don’t think judges are different than any other arbitrator. If there are cases involving the same parties and potentially the same issues, they should disclose. Judges cases are public and there’s always a real and present possibility that one or the other parties’ counsel will find out in the long run in any event. Pretty conservative. Of course, like everything in the Law, there is some attenuation due to time. I believe that would be a judgment call.
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    • Thursday, November 05, 2026 9:59 AM | Deborah A. Coleman
      I think judges' disclosure obligations are nuanced. Judges who have served many years and/or on courts with heavy dockets may well have had assigned cases involving one or more parties or one or more lawyers, but not even be aware of it, especially if the case never came to his or her attention. Of course, if a former judge recognizes the name of a party or lawyer for whatever reason, he or she should make appropritae disclosures. But I am inclined to think that the burden of searching the public record should be on the parties, not the fomer judge. The judge should identify the court and term during which he or she served, and invite the parties to bring any concern to his or her attention.
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