Opinion 24-145

September 12, 2024

Facts/Issue:  A town justice asks if a part-time town court clerk may concurrently work full-time as a secretary in the county’s assigned counsel office.  We understand that the office regularly assigns counsel to appear in the town court and processes payments to them. 

Discussion:   We have previously advised that a town justice may not allow the town court’s part-time court clerk to simultaneously maintain clerical employment as assistant to the local prosecutor or the Public Defender whose office regularly appears in the justice court on criminal matters, even at such attorney’s private law office.  We said that a court clerk’s “close ongoing working relationship” with the local prosecutor or defender who regularly appears in the court would “erode public confidence in the judiciary’s impartiality” (Opinion 16-142). 

                   Given the significant functions of an assigned counsel office in reviewing and approving payment vouchers, assigning 18-B cases to specific attorneys, and/or evaluating the performance of 18-B attorneys (see Opinion 22-193), the same analysis applies to a secretarial position in the county’s assigned counsel office. 

Conclusion:  A town justice may not permit a part-time town court clerk to maintain full-time employment as a secretary in the county’s assigned counsel office, which assigns attorneys to appear in the inquirer’s court and processes payments to them.

Authorities:  Opinions 22-193; 16-142; 07-142; 97-107.