Opinion 07-40

April 19, 2007

Digest:         A village justice may allow the parent of an investigator for the District Attorney’s office to serve as the village court clerk, provided the clerk is insulated from any case involving the clerk’s child.

Rules:          22 NYCRR 100.2; Opinions 06-163; 06-89.

Opinion:

         An applicant for the position of village court clerk is the parent of an investigator for the county District Attorney’s office. The village justice asks if there would be any conflict of interest or other ethical concerns should this individual be hired. The inquiring judge represents that it is not likely the child/investigator will ever appear in the village court.

         This Committee previously determined that the spouse of a village police investigator may serve as full-time village court clerk, provided the clerk is insulated from any case involving the spouse. Opinions 06-163; 06-89.

         Accordingly, we conclude that this village justice may allow the parent of an investigator for the District Attorney’s office to serve as village court clerk, provided the clerk is insulated from any case in which the child is involved. In the event there are no other court clerks or other personnel on the court’s staff who can serve in the proceedings involving the clerk’s child, the inquiring justice should process the paperwork him/herself in those presumably rare instances.