Opinion 14-48

May 6, 2014


Dear :


         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][3]), 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.)

Committee Chair