May 16, 2016
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.)