Judicial Ethics Opinion 19-153
If a town justice believes the town board's hiring procedure in hiring a court clerk was unlawful and/or creates an appearance of impropriety, he/she must withhold his/her consent to hiring the selected court clerk.
July 15, 2020 at 09:55 AM
5 minute read
The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by former associate justice George D. Marlow of the Appellate Division and the Honorable Margaret Walsh, a justice of the Supreme Court.
Digest: (1) If a town justice believes the town board's hiring procedure in hiring a court clerk was unlawful and/or creates an appearance of impropriety, he/she must withhold his/her consent to hiring the selected court clerk. (2) A town justice need not object to employing a court clerk who: (a) is the town supervisor's second-degree relative, but must insulate him/her from all cases in which the town supervisor is personally involved or in which the town is a named party; (b) will continue to work for a criminal defense attorney for one month while being trained by the outgoing court clerk, but must insulate him/her from matters involving that attorney during this period; and/or (c) during the interview, expressed interest in assisting the town clerk if hired as town court clerk.
Rules: Town Law § 20(1)(a); 22 NYCRR 100.2; 100.2(A); 100.3(B)(1); Opinions 19-128; 18-12; 17-65; 16-23; 15-216; 14-114; 13-03; 09-205.
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