The Massachusetts Judicial Branch

Supreme Judicial Court

Advisory Committee on Ethical Opinions for the Clerks of the Courts

 Topical Index of Opinions


   


1. Serving as a fiduciary. 

#10-1 

Serving as trustee of a testamentary trust 

#04-1

Serving as executor for non-relative

#98-6

Serving as elected library trustee.

#97-5

Serving as trustee of two nominee trusts; conservator and executor.

#95-3

Serving as fiduciary for long term friend.

#92-6

Serving as executrix for estate of non family member.

#92-1

Acting as administrator of estate for deceased ward.

#91-1

Serving as fiduciary for college roommate; definition of "close familial relationship."

#90-4

Acting as guardian for non_family member.

 

 

2. Involvement in the practice of law.

#06-5

Conflict - married to Assistant DA and relationship by marriage to police officer in court's jurisdiction

#02-2

Appearing pro se before Zoning Board and on appeal Superior Court, Land Court, Appeals Court, or Supreme Judicial Court.

#99-5

Serving as Major in the Judge Advocate General's Corps., U.S. Army Reserve.

#97-5

Serving as escrow agent in a Superior Court Action on behalf of "client."

#96-2

Issues involved in winding up law practice.

#95-7

Entering practice of law after leaving office; taking leave of absence to practice law.

#95-6

Being asked for assistance in context of employment.

#92-6

Receiving referral fees arising from causes of action brought before being sworn in.

#91-5

Performing legal research for law firm while on furlough or authorized vacation.



  

3. Involvement in Alternative Dispute Resolution.

#98-7

Part-time employment as mediator.

#96-6

Performing mediation or arbitration services for MCAD.

#94-10

Arbitrator for American Registry of Arbitrators.

#94-1

Engaging in for-profit mediation business.

#92-7

Unpaid, volunteer work in connection with private dispute resolution business.

#91-4 

Case evaluator for ADR project for contested divorce cases.



   

4. Campaigning for self and others.

 #12-4Running for office of Clerk without leave of absence from Acting Clerk position

 #12-3Assistant Clerk running for clerk's position without a leave of absence

#08-1Running for Register of Probate in same office where employed as Assistant Register without taking leave of absence

#06-3

Continuing employment as assistant clerk if candidate for position of clerk

#01-3

Continuing employment as First Assistant Register of Probate upon becoming a candidate for Register of Probate in same court.

#00-8

Running for Register of Probate, now employed as Assistant Clerk in different court department in different county.

#00-6

Running for Clerk of Court; leave of absence.

#00-5

Limits on political activities when spouse runs for state representative.

#00-3

Running for Register of Probate while continuing employment as First Assistant Register.

#00-2

Running for of Clerk_Magistrate of Superior Court; restrictions on activities as Assistant Clerk, taking leave of absence; bail responsibilities.

#97-2

Providing endorsement to candidate for Register of Probate.

#97-1

Acceptance of campaign contribution from litigant while running for position of Register of Probate.

#96-5

Serving on committee to elect Register of Probate.

#95-8

Running for of Register of Probate.

#95-5

Running for Register of Probate without taking unpaid leave.

#94-7

Taking leave of absence to run for position of Clerk of Courts.

#94-3

Solicitation of funds to run for position of Clerk of Courts.

#92-3

Involvement with sibling's campaign for position of town clerk.

 

 

5. Political activities.

#12-2 Clerk-magistrate's attendance at a political event

#11-1 

Attending brother's campaign kickoff event in another state   

#10-4 

Spouse wishes to put up political sign on lawn displaying name of candidate for state representative 

#08-2

Running for election to city council or school committee

#07-4

Whether Code applies to Assistant Case Manager in Probate and Family Court

#06-1

Attendance at mayor's inaugural ball

#04-4

Attending political fundraiser

#03-9

Volunteering for Boston 2004, host for Democratic National Convention

#03-6

Attending testimonial dinner to honor state representative

#03-5

Attending dinner dance for recently elected state representative

#03-1

Attendance at governor's inauguration

#02-1

Attendance at political fundraiser.

#01-1

Serving on political committee after being appointed to fill unexpired term of Register of Probate.

#00-1

Performing as master of ceremonies for mayoral inauguration.

#99-6

Serving as elected member of City Council.

#98-3

Political activities by self and family members.

#96-4

Spouse making political contributions from joint account; attendance at political functions as "private citizen" with or without spouse.

#96-3

Serving as member of ward committee; conflict with spouse's duties as constable.

#95-4

Attendance at private dinner with Lt. Governor.

#94-13

Serving as City Councilor and being elected for Clerk-Magistrate.

#94-4

Attending political fund-raising event.

#94-3

Solicitation of funds to run for Clerk of Courts.

#90-1

Membership in political committee.

#90-3

Holding of sign for candidate.

 

 

6. Board Memberships.

#12-1Assistant clerk serving as member of board of directors of a credit union

#03-8

Serving on town Zoning Board of Appeals

#01-1

Serving on board of directors for charter school after being appointed to fill unexpired term of Register of Probate.

#00-4

Serving as Director of Bank, not within jurisdiction of court; taking leave of absence.

#99-4

Serving on Board of Directors for consortium that is responsible for a shelter for the homeless and a shelter for battered women.

#97-8

Serving on Board of Directors of Metropolitan District Corporation.

#97-7

Serving as member of Board of Directors of a County Bar Advocate Program

#95-2

Serving as Board Member of Legal Assistance Corporation of Central Massachusetts.

#94-12

Serving as Co-Chair of Annual Fund and on board of Directors for YMCA.

#94-5

Serving as a director on Board of Advisors of non-profit rehabilitation facility.

#92-6

Serving as member and chairman of board of Examiners for a City.

#91-2

Serving on board of organization that regularly files actions in Clerk-Magistrate's court.

 



7. Civic Activities.

#10-3 

Serving as president of civic association 

#09-3 

Receiving an award and fundraising

#06-4

Becoming trustee for charter school outside jurisdiction

#03-3

Serving as member of school council

#01-2

Serving on law enforcement advisory board which provides advice regarding distribution of federal block grant money for police department.

#00-7

Serving on finance committee of town within jurisdictional area of court.

#99-6

Serving as elected member of city council.

#98-8

Accepting funds from law firms and merchants, placing them in non-interest bearing account in clerk's name, and disbursing the funds to underwrite prizes for student participants in court's annual Law Day program.

#98-6

Serving as elected library trustee and Clerk in District Court.

#98-5

Serving as elected town meeting member.

#97-5

Serving as unpaid member of Town Zoning Board of Appeals; Southeastern Regional Transit Authority Advisory Board; representative of Town and Secretary of Southeastern Transit Authority Pension Fund.

#97-3

Serving as Town Meeting member.

#96-8

Appointment to local Human Rights Commission.

#96-7

Testifying before Governor's Council on behalf of judicial nominee.

#95-1

Serving on local Personnel Board.

#94-12

Serving as Co-Chair of Annual Fund and on Board of Directors for YMCA.

#94-2

Serving as Town Meeting Member.

#93-1

Serving as member of city's election commission.

#92-2

Serving as President of booster Club for a high school.

#91-7

Serving as Town Meeting Member.

 

 

8. Business/commercial activities.

#12-5

Fundraiser to benefit ill attorney with a jewelry party - a small business venture of the Assistant Clerk

#09-1

Concerning part-time employment in auto dealership

#06-2

Serving as reserve police officer while 1st assistant clerk

#05-4

Bail setting in the evening at police station in town where clerk resides

#05-2

Labor negotiator for a town

#99-3

Appointment as a corporator for savings bank located in Massachusetts.

#96-2

Issues involved in winding up law practice.

#94-11

Association as independent income tax preparer with CPA.

#94-10

Serving as arbitrator for American Registry of Arbitrators.

#94-9

Consulting work on federal projects.

#92-8

Contacting attorneys to advertise preparation of tax returns.

#92-5

Additional, more detailed discussion of issues raised in #92-4, below.

#92-4

Stockholder, director, treasurer, clerks and receiving a salary and/or unearned income from a corporation established to provide a private court system in Massachusetts.

#91-6

Renting of summer home to attorneys who appear in Clerk-Magistrate's court.

#91-3

Reviewing of entry and sale documents for foreclosure proceedings.

 

 

9. Volunteer work.

#06-6

Eucharist ministry for prisoners at county correctional facility

#05-1

Fundraising for not-for-profit organization

#94-8

Fund-raising for alumnae association.

#92-9

Volunteering on the Regional Advisory Council of the **** Partnership to Reduce Drug Abuse.

#92-7

Unpaid volunteer work in connection with private dispute resolution business.

 

 

10. Recusal issues.

#07-3

Assistant Clerk has two adult children police officers in clerk's jurisdiction

#07-1

Conflict with cases filed in Superior Court and cases that involve the city

#06-5

Transitioning from law practice

#97-6

Testifying on Behalf of an Attorney Before the Board of Bar Overseers

#96-3

Conflict with spouse's duties as constable.

#90-2

Recusal of Clerk-Magistrates.

 

 

11. Court appointments. Appointment as Special Sheriff. Appointment as Corporator.

#09-2

Assistant Clerk serving as Deputy Sheriff

#99-3

Appointment as corporator for savings bank located in Massachusetts.

#98-1

Appointment as Special Sheriff by County Sheriff.

#90-5

CASA Volunteer/guardian ad litem guardian in Juvenile Court.

 

 

12. Bar Association Activities.

#10-2

Serving on council of local bar association 

#03-7

Participation in course offered by Committee for Public Counsel Services

#03-4

Resuming practice of law after retirement

#96-2

Remaining active in bar association.

#94-6

Serving on executive committee and a treasurer of bar association.

 

 

13. Practice of law within context of employment as court clerk or Register of Probate.

#01-1

Maintaining position in law firm after being appointed Register of Probate to fill unexpired term.

#95-6

Court clerks being asked for assistance in the context of their jobs and the practice of law.

 

 

14. Miscellaneous; junkets; acceptance of minimal fee for participation in seminar; unsolicited contribution by law firm to charity in clerk's name; receipt of travel costs and honorarium for participation in program to orient nurses to serve on med-mal tribunals; accepting unsolicited donation on behalf of children; submitting letter of recommendation on behalf of defendant in child rape case; testifying on behalf of an attorney before the BBO.

#12-6

Is it appropriate to sell tickets to a retirement party before employee leaves job?

#08-4

Letter of recommendation to U.S. Immigration Court

#08-3

 

#07-2

Writing character reference letter on behalf of employee in connection with disciplinary prodeedings in a different court

#05-3

Romantic relationship of clerk with attorney with active practice in same court

#04-3

Lawyer spouse appearing in same jurisdiction

#04-2

Attending Law Day dinner as guest of dean

#03-10

Clerk nominee married to police sergeant in same jurisdiction

#03-2

Accepting appointment to Judicial Nominating Council

#99-2

Submitting letter of recommendation on behalf of defendant in child rape case.

#99-1

Accepting unsolicited donation on behalf of children's education from memorial fund in memory of deceased husband.

#98-9

Attendance at out of state ceremony to introduce judge nominated for award from the Foundation for Improvement of Justice; Foundation to pay for air fare, hotel and banquet meal.

#98-4

Participation in program to orient nurses to serve on med-mal tribunals, receipt of travel costs and $50 honorarium.

#98-2

Unsolicited contribution by law firm to charity in clerk's name.

#97-6

Testifying on Behalf of an Attorney Before the Board of Bar Overseers

#97-4

Participation in seminar and receiving "minimal fee."

#96-1 

Junket with representative to foreign country.

 








Page updated: Jan 09 2013 05:35PM