Opinion 23-60

Short-Form Opinion

May 4, 2023

Question:    May a part-time village justice permit a part-time village court clerk to also serve as a part-time assistant village clerk, performing ministerial functions in the village’s finance department? 

Discussion:  We have said that a village justice may permit the village court clerk to serve simultaneously as a clerk for the same village.  Likewise, absent any legal incompatibility in the two positions, a town justice may permit a town employee who is a bookkeeper, office manager and receptionist in the town office to also serve as the town court clerk.  Here, provided the clerical employee would be performing essentially ministerial functions in the finance department, rather than serving as village treasurer or deputy treasurer, we see no ethical impropriety.[1]

                  Thus, in the absence of any legal incompatibility in the two positions, we conclude that you may ethically permit a part-time village court clerk to also serve as a part-time assistant village clerk, assigned to perform ministerial duties in the finance department. 

                  We note, however, that we cannot comment on legal questions (Judiciary Law § 212[2][l]; 22 NYCRR 101.1).

Enclosed:    Opinions 10-154; 07-196.

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[1] In April 2014, the Assistant Solicitor General in Charge of Opinions concluded that “The positions of village clerk/treasurer and village court clerk are incompatible” (2014 Ops Atty Gen No. 2014-1).  Its reasoning appears to focus on the roles of village treasurer or deputy treasurer.