Opinion 25-183

December 18, 2025

Digest:  It is ethically permissible for a village justice to consent to the village mayor’s appointment of a second village court clerk who is the sibling of the current village court clerk, provided the clerk is qualified for such appointment.

Rules:   Village Law § 4-400(1)(c)(ii); 22 NYCRR 100.2; 100.2(A); 100.3(C)(3).

Opinion:

          The inquiring village justice asks if it is ethically permissible for two siblings to be employed as the two village court clerks.  The village mayor wishes to appoint a second court clerk who is the sibling of the current court clerk, and seeks the inquirer’s “advice and consent” as required by law (Village Law § 4-400[1][c][ii]).  The judge considers the proposed hire to be qualified for the position, and thus does not object to the appointment.  The judge notes that neither court clerk is related to the judge, but only to each other.

          A judge must avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  In making appointments, a judge must comply with the requirements of Section 100.3(C)(3).  For example, a judge must not make unnecessary appointments, must “exercise the power of appointment impartially and on the basis of merit,” and must “avoid nepotism and favoritism” (22 NYCRR 100.3[C][3]).  Further, a judge may not appoint a relative within the fourth degree of relationship of either the judge or the judge’s spouse or the spouse of such person and must comply with the requirements of Part 8 of the Rules of the Chief Judge relating to the appointment of relatives of judges (see id.).

          We see nothing in the Rules Governing Judicial Conduct or Part 8 of the Rules of the Chief Judge that would prohibit two siblings from serving as court clerks in the same village court.

          Accordingly, we conclude it is ethically permissible for this village justice to consent to the village mayor’s appointment of a second village court clerk who is the sibling of the current village court clerk, provided the new hire is qualified for such appointment.