May 6, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-48) asking whether it is ethically permissible for your third-degree relative to serve as an unpaid summer intern in your chambers.
This Committee has previously advised that a judge may have a third-degree relative serve as a voluntary intern (see Opinion 88-08). Although Opinion 88-08 predates the anti-nepotism rule (see 22 NYCRR 8.1 and 100.3[C]), the rule does not apply to a volunteer position.
Enclosed, for your convenience, is Opinion 88-08 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)