March 12, 1996
A judge is obligated to require law school and college student interns
to comply with sections 100.3(C)(2) and 100.5(C) of the Rules Governing
Judicial conduct inasmuch as such persons are members of the judge's staff.
22 NYCRR 100.3(C)(2); 100.5(C).
A full time judge who has volunteer student interns serving in his/her chambers inquires if sections 100.3(C)(2) and 100.5(C) of the Rules Governing Judicial Conduct are to be applied to such persons.
Section 100.3(C)(2) of the Rules states as follows:
(2) A judge shall require staff, court officials and other subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of official duties.
Section 100.5(C) requires that a judge shall prohibit members of the judge's staff who are the judge's personal appointees from engaging in the certain enumerated political activity.
In the opinion of the Committee, both rules apply and thus the judge is obligated to require compliance by the law school and college student interns.