August 1, 2019
This responds to your inquiry (19-82) concerning conflicts arising out of your law clerk’s prior employment. Specifically, you ask if you may permit your law clerk to work on cases in which he/she provided coverage for a colleague at a single court appearance, as 18-B or attorney for the child, if all parties waive the conflict.
We have previously advised that a judge must insulate his/her law clerk from all cases in which the law clerk was personally involved during his/her prior employment; and the insulation neither expires, nor may it be waived nor remitted (see Opinions 18-182; 15-233; and 15-43). The judge must disclose the law clerk’s insulation and explain its reason (see Opinions 18-182 and 09-27).
Enclosed for your convenience, are Opinions 18-182; 15-233; 15-43; and 09-27 for your review, which address this issue.
Very truly yours,
George D. Marlow, Assoc Justice
Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice