October 6, 2011
This responds to your inquiry (11-90) asking whether it is ethically permissible for your Principal Law Clerk to run for and serve as a Trustee for a village which is a part-time, paid elected position.
It is ethically permissible for a Supreme Court Justice’s law clerk to become a candidate for and serve as a village trustee, subject to certain conditions. In particular, the law clerk must obtain permission for such dual employment in accordance with the Rules of the Chief Judge (see 22 NYCRR 50.3). Further, the law clerk may serve in this dual capacity provided that service in the subsequent elected position does not adversely affect the law clerk’s official duties or the judge’s judicial position.
Enclosed, for your convenience, are Opinions 05-38 and 01-35 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)