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.
#12-4	Running for office of Clerk without leave of absence from Acting Clerk position
#12-3	Assistant Clerk running for clerk's position without a leave of absence
#08-1	Running 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.
#12-1	Assistant 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.