May 6, 2014
Please Note: On reviewing the opinion, the Advisory Committee realized that its third sentence could be misunderstood. Accordingly, we have changed the phrase “a volunteer position” to “this volunteer position,” effective September 17, 2018. (The change affects appointments made on or after the effective date. Cf. Opinion 16-101.)
This responds to your inquiry (14-48) asking whether it is ethically permissible for your third-degree relative to serve as an unpaid summer intern in your chambers.
This Committee has previously advised that a judge may have a third-degree relative serve as a voluntary intern (see Opinion 88-08). Although Opinion 88-08 predates the anti-nepotism rule (see 22 NYCRR 8.1 and 100.3[C]), the rule does not apply to this volunteer position.
Enclosed, for your convenience, is Opinion 88-08 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)