Opinion  Opinion 2020-1

Date:	02/11/2020
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

An Assistant Clerk Magistrate asking to swear in the head of the City Council in the city where the court is located.

Dear Assistant Clerk Magistrate ____________:

This is in response to your request to the committee dated December 26, 2019. You are an Assistant Clerk Magistrate in the ___________ District Court. In your email, you stated that you were asked to swear in the head of the City Council in the city where the court is located, and asked if it was appropriate for you to do so.

Because your request was time sensitive, the Secretary called you on December 31, 2019 to inform you that in the opinion of the committee, your swearing in the head of the city council is appropriate under the Code of Professional Responsibility for Clerks of the Courts. This letter is to confirm the advice that was provided orally.  In the view of the committee, the act of swearing in a government officer is consistent with a Clerk's responsibilities under the Code. This type ministerial function is often part of a Clerk's duties and your participation in such a ceremonial, rather than political, event does not implicate the integrity, impartiality and independence of the courts, all of which the Code is intended to protect.

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