Serving as Town Meeting member

January 31, 1997

Opinion 97-3

Dear:

You have inquired of the Committee whether you may continue to serve as a Town Meeting member for the Town of while you are an Assistant Clerk-Magistrate in the District Court. You state that the Town of is not within the district served by the Court, and you will have no contact with law enforcement officials from           .

The Committee has issued two opinions on this subject, 91-7 and 94-2 . In both these opinions, we found no conflict with the Code by holding the position of elected town meeting member and that of Assistant Clerk-Magistrate. In the fact pattern you describe, there would not appear to be a substantial likelihood that matters or persons you deal with as a town meeting member would come before you in your capacity as Assistant Clerk-Magistrate.

We, however, always condition this response by calling attention to Canon 4(E), which deals with disqualification, should the need arise. This is a judgment call you must make in each individual situation.