September 18, 1990
Digest: A judge's part-time law clerk, who is a political party committee member, may solicit signatures on nominating petitions for political candidates, and may serve on the board of directors of a nonpartisan citizens group.
Rules: 22 NYCRR §§100.3(b) (5).
A judge asks if the judge's part-time law clerk may serve on the county committee of a political party, carrying petitions and soliciting signatures on the behalf of political candidates, and on the board of directors of a citizens group, which engages in fund-raising activities and lobbies on issues relating to a State Park.
Section 100.3 (b) (5) of the Rules of the Chief Administrator provides that a judge shall prohibit staff members from engaging in certain political activity, “except * * * members of a county committee”.
Accordingly, the law clerk may carry petitions for candidates, as it is generally understood that carrying petitions is one of the accepted functions of county committee members.
The law clerk also may serve as a member of the board of directors of the local non-partisan civic group supporting the particular State Park, as nothing in the rules appears to prohibit that activity.