Opinion 23-220

February 1, 2024

Facts/Issue:    A town justice would like to hire, as a part-time court clerk, an individual who is currently employed part-time in the private law practice of an assistant public defender who “is assigned to cover [the judge’s] courtroom” in the town court.  The judge asks if this concurrent employment is permissible.

Discussion:     We have advised that it is impermissible for a town justice to allow the town court’s part-time clerk to simultaneously be employed in the Public Defender’s private law office.  Such employment, we reasoned, would disqualify the judge “in many, if not most of the criminal proceedings in the court,” impairing the judge’s ability to fulfill the obligations of judicial office.  The same concerns are implicated here.

Conclusion:     A town court clerk may not maintain part-time employment in the private law office of an assistant public defender assigned to the town court.

Authorities:    Opinion 97-107.