Opinion 92-6
Serving as member and chairman of Board of Examiners for a City. Serving as executrix for estate of non-family member. Receiving referral fees arising from causes of action brought before being sworn in as assistant clerk.
September 29, 1992
Opinion 92-6
Dear Clerk:
You wrote a letter
to the Advisory Committee dated April 3, 1992, in which you requested the opinion
of the Committee on certain issues based on your position as an assistant clerk
for
Your first question
is in regard to your appointment as a member and chairman of the Board of Examiners
for the City of . You are the "attorney" member of the board, which also calls
for the appointment of a duly licensed architect and another who is either a
contractor or a person well qualified in the supervision of construction work
with at least five years experience in the city. While Canon 3 of the Code of
Professional Responsibility for Clerks of the Courts expressly prohibits you
from the practice of law, there is no prohibition on filling a position that
calls for an attorney where your experience and background are sought, but there
is an assistant corporation counsel assigned to handle strictly legal matters.
You must not be required to perform legal functions for the body, nor can you
act as the body's attorney of record in any proceedings.
You asked whether
you would be able to serve as an Executrix for the estate of a person who is
not a member of your family. The only way you could serve as an executrix is
if you were serving in that capacity prior to April 1, 1990, or where the testator
or testatrix died before April 1, 1990. (See Canon 5(D)(2).) Therefore, based
on the facts that you outlined, you will not be able to continue in your capacity
as Executrix.
The third question
you posed was whether you could keep on receiving referral fees that arise out
of causes of action brought before you were sworn in as Assistant Clerk. We see
no conflict with your receiving these fees so long as you are not providing any
continuing legal work to earn them.
While there appears
to be a long period of time between this response and your request for an opinion,
you were informed of the opinions expressed in this letter earlier because of
a time factor expressed in your letter.