Opinion 22-167

December 15, 2022

Question:     When a town justice learns that the court clerk and the clerk’s children served as paid witnesses for a local attorney’s clients on a limited number of occasions, and have since stopped at the advice of the judge, must the judge take any further action with respect to the court clerk’s conduct?

Discussion:   On the facts presented, it is sufficient for the judge to insulate the court clerk from any cases represented by the attorney for a period of two years after the date that the financial and business relationship between the court clerk and the attorney completely ended (see e.g. Opinion 15-51). All cases represented by that attorney should be directly assigned to the associate court clerk during the two-year insulation period. Upon appearance of the attorney before the Court, the judge should disclose on the record to the parties and attorneys the court clerk’s former relationship, and that the court clerk is insulated from the case. However, the judge may thereafter preside as long as the judge can be fair and impartial, even if a party objects. Recusal is solely in the judge’s discretion (Opinions 15-216; 15-52).

Enclosed:     Opinions 15-216; 15-52; 15-51.