Opinion 16-53

May 16, 2016




Dear :

         This responds to your inquiry (16-53) asking whether you may permit the court clerk to serve as acting justice of the same court.

         The Committee has previously advised that a judge in a two-judge court may not also serve as that court’s clerk because the two positions are ethically incompatible.

          Enclosed, for your convenience, are Opinions 12-175; 03-22 and 98-113 which address this issue.

                                       Very truly yours,


                                       George D. Marlow, Assoc. Justice

                                       Appellate Division, First Dep’t (Ret.)

                                       Committee Chair