January 13, 2011
This responds to your inquiry (10-165) asking whether you may use the services of the current secretary to the town’s planning board as a part-time court clerk for 7 hours per week.
The Committee previously has advised that a town justice court clerk may serve as Receiver of Taxes in the same town where the town justice presides (see Opinion 10-10) and as the full-time bookkeeper, office manager and receptionist for the same town where the judge presides (see Opinion 07-196). The Committee also previously has advised that a justice court clerk may also work as a clerk for the probation department of the same county where the judge presides where the duties are clerical in nature (see Opinion 06-165). Therefore, it is the Committee’s view that the secretary to the town’s planning board may also work part-time as a court clerk for the justice court in the same town where the judge presides.
I have enclosed Opinions 10-10, 07-196 and 06-165 for your information.