Opinion  Opinion 2017-5

Date:	12/01/2017
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Serving on board of Massachusetts Guardianship Association

This letter is in response to your letter of September 29, 2017, in which you seek the Committee’s advice regarding the propriety of your serving as a board member of the Massachusetts Guardianship Association, of which you are currently a member, while you are serving as an Assistant Judicial Case Manager in a court of the Commonwealth.

You indicate in your letter that you have been asked to apply to become a Board Member of the Massachusetts Guardianship Association, of which you are currently a member. You enclosed a copy of the Massachusetts Guardianship Association’s Mission Statement for our review.  In its Mission Statement, in part, the Association indicates as follows:

 “The Massachusetts Guardianship Association (MGA) is a non-profit organization that offers information and resources to individuals, families, and professionals on guardianship and conservatorship.  Our mission is to promote a standard of excellence in guardianship and conservatorship practice and to advocate for the rights of adults with decisional or physical impairment and minors in need of a guardian or conservator.  The MGA is an all-volunteer organization. . . .  The MGA does not offer legal advice or recommend private attorneys.”

Canon 5(B) of the Code addresses a Clerk's participation in civic and charitable activities, and generally allows such participation as long as the activities do not reflect adversely on the Clerk's impartiality or interfere with the performance of the Clerk's official duties.  Canon 4(D) allows a Clerk to engage in activity to improve the law, the legal system or the administration of justice. 

In opinion 94- 6, involving a Clerk-Magistrate’s participation in bar association activities, the Committee discussed the limitations on a Clerks ability to participate in civic and charitable activities contained in Canon 5 of the Code.  The committee concluded that these provisions did not preclude the Clerk's participation in various bar association activities because the provisions of Canon 4 (D) stating that a Clerk may use his or her title to engage in activity to improve the law, the legal system or the administration of justice were controlling.

 In opinion 2013-8, this committee concluded that a Clerk's service as a director of a non-profit organization dedicated to improving the lives of individuals impacted by addiction and mental health was permissible under the Code.  Provided members of the organization did not come before the Clerk or the Court where the Clerk served and any fund raising was consistent with Canon 5(B)(2), the Committee found that service on the non-profit was not prohibited by the Code.

Similarly, this Committee concludes that your participation as a Board Member on the Massachusetts Guardianship Association is an activity that is aimed at improving the law, the administration of justice and the legal system pursuant to Canon 4 (D), and is permissible under that Canon and Canon 5(B).

However, the Committee draws your attention to Canon 4 (E), concerning disqualification.  You should comply with this Canon in the event that a member of the Massachusetts Guardianship Association or its Board comes before the court where you serve.

Sincerely,
Christine P. Burak, Esq.
Secretary, Advisory Committee on Ethical Opinions