April 27, 1995
Digest: The principal law clerk to a full-time judge may serve as a member of the board of directors of a state employee's credit union if such membership does not interfere with the clerk's regular duties.
Rule: 22 NYCRR 100.3(b)(2)
A full-time judge requests an opinion relative to the service of the judge's principal law clerk as an elected member of the board of directors of a credit union comprised of state employees.
The Rules of the Chief Administrator of the Courts (22 NYCRR 100.3[b]) provide that:
A judge shall require his or her staff and court officials subject to his or her direction and control to observe the standards of fidelity and diligence that apply to the judge.
If the judge is satisfied that the membership of the law clerk as a credit union board member will not result in conduct or activity by the law clerk which will fall below the standards of fidelity and diligence that apply to the judge, we perceive no ethical bar to such board membership by the clerk.