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 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Facts/Issue: The inquiring village justice asks if it is ethically permissible for a part-time village court clerk to be employed also part-time with the village clerk’s office. The outside employment “would be general office work, not court or police related,” such as “sorting the mail, stuffing envelopes, making copies.” The judge does not anticipate any conflict in duties. The arrangement will apparently create “a full-time position with benefits,” which may help attract qualified employees.