Opinion 24-90

May 9, 2024

Facts/Issue:  The inquiring village justice asks if it is ethically permissible for a part-time village court clerk to be employed also part-time with the village clerk’s office.  The outside employment “would be general office work, not court or police related,” such as “sorting the mail, stuffing envelopes, making copies.”  The judge does not anticipate any conflict in duties.  The arrangement will apparently create “a full-time position with benefits,” which may help attract qualified employees. 

Discussion:   We have previously advised that a village justice may permit a part-time village court clerk to also serve as a part-time village clerk, absent any incompatibility in the positions. 

Conclusion: Absent any legal incompatibility in the positions, a village justice may permit the same individual to be employed part-time as a village court clerk and part-time in the village clerk’s office.

Authorities:  Opinions 23-60; 10-154; 07-196.