Opinion 22-134
Short-Form Opinion
September 8, 2022
Question: You ask if, as a county court judge, you may permit your law clerk to run for and hold office as a county legislator in a county which is not contiguous to the county in which you preside.
Discussion: We have previously advised that a Supreme Court Justice’s law clerk may run for and serve on the County Legislature, provided that during the campaign and during the law clerk’s term of office, in cases where the county is involved, the judge discloses on the record the law clerk’s dual employment and insulates the clerk, and the law clerk obtains the proper administrative permission to engage in dual employment.
Accordingly, you may permit your law clerk to run for and hold office as a county legislator, provided the law clerk obtains permission for such dual employment in accordance with Part 50 of the Rules of the Chief Judge (see 22 NYCRR 50.3)1, and service in the elected position does not adversely affect the law clerk’s official duties or your judicial position. In matters involving the county, you must disclose on the record the law clerk’s dual employment and insulate the law clerk.
Enclosed: Opinions 05-38, 07-45; 11-90.
_____________________
1The Dual Employment provision in section 50.3. provides in pertinent part:
(a) No employee regularly employed in a position in the classified service in the Unified Court System shall, while continuing to hold such position, accept appointment or employment in any other position or title…without the previous consent in writing of his or her appointing authority, except that such consent shall be subject to approval by the Chief Administrator of the Courts for employees of courts other than the appellate courts.