Opinion

Opinion  Opinion 2019-2

Date: 04/19/2019
Organization: Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Table of Contents

Running for Register of Probate while continuing employment as Deputy Assistant Register in the same court

Dear Deputy Assistant Register ________:

This letter is in response to your request to the Committee dated March 29, 2019. You are a Deputy Assistant Register in the _______ Court, having received that designation in April of 2017. You also hold the position of Office Manager. You indicate in your letter that you would like to continue your employment while you run for the Office of Register of Probate in that Court. To do so, pursuant to the Collective Bargaining Agreement for Local 6 Employees, Section 13:08 and the Trial Court Personnel Policies and Procedures Manual, Section 08.802F: Leave for Political Office, you must make a written request to the Trial Court Administrator, detailing the nature of the political office sought and the duties that you hold as an employee in the Trial Court. You also are required to seek an opinion from the State Ethics Commission and, if applicable, the Advisory Committee on Ethical Opinions for Clerks of the Courts, concerning the existence of any conflict of interest affecting your action. 

Based upon the information that you have provided, the Committee believes that your current designation as a Deputy Assistant Register is not a position that is covered by the Code of Professional Responsibility for Clerks of Court.  The position is not listed in the definition of Clerk Magistrate, which delineates the positions covered by the Code of Conduct.  See Canon 1. Purpose and Application.  Even if the position were deemed covered by the Code, as in the past, our advice would be limited to providing guidance on the implications that the Code of Professional Responsibility would have on your candidacy. See Opinion 2000-3.  On prior occasions, in response to inquiries regarding running for office we have stated: 

"We draw your attention to the following provisions of the Code. Under Canon 3 a Clerk-Magistrate is required to devote the entire time during normal court hours to the duties of the office. Canon 4 requires a Clerk-Magistrate to perform the duties of the office impartially and in a manner 'that promotes public confidence in the integrity and impartiality of the judicial branch.' In addition to being impartial, a Clerk-Magistrate must also convey the appearance of impartiality. (See Canon 4(A).) Also, Canon 5(A) prohibits a Clerk-Magistrate from engaging 'in activities which might detract from the dignity of the office of Clerk-Magistrate or interfere with the performance of the duties of the office.'" See Opinions 2000-3, 2006-3, 2008-1.

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

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