October 1, 2015
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (15-170) asking whether your Chief Clerk may serve on an advisory committee charged with helping develop a mediation program for your court in order to represent the court’s interests.
The Committee has previously advised that court personnel may serve on such a committee (see Opinions 11-122 [court staffers]; 11-41 [court-attorney referee]; 90-27 [law clerk]). Accordingly, it is ethically permissible for your Chief Clerk to serve on the advisory committee.
Enclosed, for your convenience, are Opinions 11-122; 11-41; and 90-27 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)