| Date: | 09/24/2020 |
|---|---|
| Organization: | Massachusetts Supreme Judicial Court |
Ethical Opinions for Clerks of the Courts
- This page, Opinion 2020-4, is offered by
- Massachusetts Supreme Judicial Court
This is a part of the law library:
Clerks' Ethics Chronological Index of Opinions
This is a part of the law library:
Clerks' Ethics Chronological Index of Opinions
Table of Contents for the law library, Clerks' Ethics Chronological Index of Opinions
- 2024-7: Running for the position of Clerk of Courts without leave of absence.
- 2024-6: Submitting a letter on behalf of a former client for purposes of sentencing in a criminal matter.
- 2024-5: Running for the position of Clerk of Courts without leave of absence.
- 2024-4: Running for the position of Clerk of Courts without leave of absence.
- 2024-3: Assistant clerk as potential witness.
- 2024-2: Running for the Clerk of the Superior Court while continuing employment in the same court.
- 2024-1: Running for the Register of Probate without leave of absence.
- 2023-5: Appointed Clerk Magistrate running for an elected Clerk Magistrate position in a different county while continuing employment.
- 2023-4: Assistant Clerk Magistrate invited to an event by spouse.
- 2023-3: Assistant Clerk Magistrate writing an affidavit on behalf of a former client.
- 2023-2: Assistant Judicial Case Manager mediating cases brought by former law firm.
- 2023-1: Events related to partner’s role in elected office.
- 2022-5: An Assistant Clerk serving on a team consulting with police and mental health professionals on threats against a group or institution.
- 2022-4: Assistant Judicial Case Manager running for the Town Planning Board and serving on Zoning Board of Appeals and as the Town Moderator.
- 2022-3: Former employment at local police department within court’s jurisdiction.
- 2022-2: First Assistant Clerk-Magistrate requesting to serve as a member of Board of Directors for a national non-profit organization.
- 2022-1: Assistant Judicial Case Manager mediating cases brought by former law firm.
- 2021-4: An Assistant Clerk Magistrate volunteering to give seminars advising Massachusetts citizens of their rights during police interactions
- 2021-3: An Assistant Clerk Magistrate engaging in the practice of law in their former court after leaving office.
- 2021-2: An Assistant Clerk Magistrate is receiving payment agreements/settlement payments arising from collection cases when working at his law firm prior to being sworn in.
- 2021-1: Serving as Town Treasurer
- 2020-4: Receiving referral fees arising from causes of action brought before being sworn in as Clerk-Magistrate
- 2020-3: Serving on a Board involving youth who come to the Court
- 2020-2: A Case Coordinator/Deputy Assistant Register would like to run for the position of Register of Probate while continuing employment in the same court.
- 2020-1: An Assistant Clerk Magistrate asking to swear in the head of the City Council in the city where the court is located.
- 2019-6: Clerk serving on a Committee that raises funds for legal service organization
- 2019-5: Appointed Clerk-Magistrate Hearing Cases Brought by an Attorney who is also a Close Friend
- 2019-4: Newly Appointed Clerk Magistrate Hearing Cases Brought by Police Department where Clerk used to Work
- 2019-3: Inquiring whether it is appropriate to continue to serve as a member of a charitable organization while serving as an Assistant Clerk Magistrate in the same jurisdiction
- 2019-2: Running for Register of Probate while continuing employment as Deputy Assistant Register in the same court
- 2019-1: First Assistant Clerk-Magistrate's serving as an after-hours Bail Magistrate in county where spouse is an Assistant District Attorney
- 2018-5: Inquiring whether it is appropriate to establish a GoFundMe fund to support a personal cause of a Clerk-Magistrate
- 2018-4: Inquiring whether it is appropriate to continue to serve as Chair of the Parade Committee
- 2018-3: Answering inquiries from U.S. Attorney's Office based on past service on civilian oversight board.
- 2018-2: Non-political fundraiser attendance and donation.
- 2018-1: Assistant Clerk's conflict with spouse's duties as Assistant District Attorney
- 2017-6: Serving as Notary Public
- 2017-5: Serving on board of Massachusetts Guardianship Association
- 2017-4: Assistant clerk married to lawyer who appears in court where clerk works
- 2017-3: Conflict with spouse who is a CPCS attorney assigned to Clerk's court
- 2017-2: Partial ownership of seasonal restaurant business
- 2017-1: Attendance at Women's March
- 2016-3: Serving as real estate broker for third parties
- 2016-2: Endorsement; Comments in Online Publication
- 2016-1: Meeting of Bar Association Officials with Governor's Councilors and Judicial Nominating Committee
- 2015-7: Acting as Master of Ceremonies at Court's Law Day Celebration
- 2015-6: Handling duties of session clerk in matters involving brother's company
- 2015-5: Serving on Board and as President of Non-Profit Corporation; Fundraising for Charity
- 2015-4: Fundraising for Charity and Serving on Family Charity
- 2015-3: Persons Authorized to Admit to Bail Out of Court
- 2015-2: Serving on the Judicial Nominating Commission
- 2015-1: Participation in training program for trial lawyers
- 2014-5: Restrictions on post-retirement employment before retiring
- 2014-4: Jury empanelment in case where father represents co-defendant
- 2014-3: Running for District Attorney; Leave of Absence
- 2014-2: Obtaining broker's license for purpose of buying own home
- 2014-1: Serving as elected school committee member; Serving as County Bar Advocates member
- 2013-8: Sitting as a director on Board of Directors for a national non-profit organization
- 2013-7: Handling cases involving former clients. Father practices as criminal defense attorney in same county
- 2013-6: Submitting letter of recommendation for court officer in disciplinary hearing
- 2013-5: Assistant Clerk owns office building through realty trust and two lawyers are tenants; buys and sells property
- 2013-4: Serving as chairperson of fund-raising event
- 2013-3: Working nights and weekends to complete real estate closings after becoming Assistant Clerk
- 2013-2: Newly appointed Assistant Clerk-Magistrate married to attorney with active practice in her jurisdiction. It is appropriate for her to exercise magisterial functions in matters involving spouse?
- 2013-1: Accepting paid part-time work for the city
- 2012-6: Is it appropriate to sell tickets to a retirement party before employee leaves job?
- 2012-5: Fundraiser to benefit ill attorney with a jewelry party - a small business venture of the Assistant Clerk
- 2012-4: Running for office of Clerk without leave of absence from Acting Clerk position
- 2012-3: Assistant Clerk running for clerk's position without a leave of absence
- 2012-2: Clerk-Magistrate's attendance at a political event
- 2012-1: Assistant Clerk serving as member of board of directors of a credit union
- 2011-1: Attending brother's campaign kickoff event in another state
- 2010-4: Spouse wishes to put up political sign on lawn displaying name of candidate for state representative
- 2010-3: Serving as president of civic association
- 2010-2: Serving on council of local bar association
- 2010-1: Serving as trustee of a testamentary trust
- 2009-3: Receiving an award and fundraising
- 2009-2: Assistant Clerk serving as Deputy Sheriff
- 2009-1: Concerning part-time employment in auto dealership
- 2008-4: Letter of recommendation to U.S. Immigration Court
- 2008-3: Establishment of legal defense fund for criminal investigation of occurrence in courthouse
- 2008-2: Running for election to city council or school committee
- 2008-1: Continuing employment as Assistant Register while running for position of Register
- 2007-4: Whether Code applies to Assistant Case Manager (title changed from Assistant Register) regarding engaging in political activities such as membership in political organizations and attending fundraisers
- 2007-3: Assistant Clerk has two adult children police officers in clerk's jurisdiction
- 2007-2: Writing character reference letter on behalf of employee in connection with disciplinary proceedings in a different court
- 2007-1: Conflict with cases filed in Superior Court and cases that involve the city
- 2006-6: Eucharist ministry for prisoners at county correctional facility
- 2006-5: Conflict - married to Assistant DA and relationship by marriage to police officer in court's jurisdiction
- 2006-4: Becoming trustee for charter school outside jurisdiction
- 2006-3: Continuing employment as assistant clerk if candidate for position of clerk
- 2006-2: Serving as reserve police officer while 1st assistant clerk
- 2006-1: Attendance at mayor's inaugural ball
- 2005-4: Bail setting in the evening at police station in town where clerk resides
- 2005-3: Romantic relationship of clerk with attorney with active practice in same court
- 2005-2: Labor negotiator for a town
- 2005-1: Fundraising for not-for-profit organization
- 2004-4: Attending political fundraiser
- 2004-3: Lawyer spouse appearing in same jurisdiction
- 2004-2: Attending Law Day dinner as guest of dean
- 2004-1: Serving as executor for non-relative
- 2003-10: Clerk nominee married to police sergeant in same jurisdiction
- 2003-9: Volunteering for Democratic Convention
- 2003-8: Serving on town Zoning Board of Appeals
- 2003-7: Participation in course offered by Committee for Public Counsel Services
- 2003-6: Attending testimonial dinner to honor state representative
- 2003-5: Attending dinner dance for recently elected state representative
- 2003-4: Resuming practice of law after retirement
- 2003-3: Serving as member of school council
- 2003-2: Appointment to Judicial Nominating Council
- 2003-1: Attendance at governor's inauguration.
- 2002-2: Appearing pro se before Zoning Board and on appeal to Superior Court, Land Court, Appeals Court or Supreme Judicial Court.
- 2002-1: Attendance at political fundraiser.
- 2000-8: Continuing employment as assistant clerk if clerk becomes a candidate for register of probate in different court department in another county.
- 2000-7: District Court assistant clerk serving on finance committee of home town where town is within jurisdiction of court.
- 2000-6: Continuing employment as assistant clerk if one becomes a candidate for Clerk of Court; leave of absence.
- 2000-5: Restrictions on political activity of District Court Clerk-Magistrate whose spouse is running for state representative.
- 2000-4: Assistant clerk serving as director of bank that is not within the jurisdiction of the court.
- 2000-3: Implications of candidacy for register of probate while serving as first assistant register.
- 2000-2: Restrictions on political activity of District Court assistant clerk who is a candidate for clerk-magistrate of Superior Court; leave of absence, bail responsibilities.
- 2000-1: Serving as master of ceremonies at mayor's inauguration
- 1999-6: Serving as elected member of City Council.
- 1999-5: Serving as Major in the Judge Advocate General's Corps., U.S. Army reserve.
- 1999-4: Serving on Board of Directors for consortium that is responsible for a shelter for the homeless and a shelter for battered women.
- 1999-3: Appointment as a Corporator for savings bank located in Massachusetts.
- 1999-2: Submitting letter of recommendation for defendant in rape of child case.
- 1999-1: Accepting unsolicited donation on behalf of children's education from memorial fund in memory of deceased husband.
- 1998-9: Attendance at out of state ceremony to introduce judge nominated for an Award from the Foundation for Improvement of Justice; Foundation to pay for air fare, hotel and banquet meal.
- 1998-8: Accepting funds from law firms and merchants, placing them in a non-interest bearing account in your name, and disbursing the funds to underwrite prizes for student participants in court's annual Law Day program.
- 1998-7: Part-time employment as mediator, either self-employed or through a dispute resolution firm.
- 1998-6: Serving as elected library trustee.
- 1998-5: Serving as elected town meeting member.
- 1998-4: Participation in program to orient nurses to serve on medical malpractice tribunals, receipt of travel costs and $50 honorarium.
- 1998-3: Political activities by self and family members.
- 1998-2: Unsolicited contribution by law firm to charity in clerk's name.
- 1998-1: Appointment as Special Sheriff by County Sheriff.
- 1997-7: Serving as member of Board of Directors of a County Bar Advocate Program
- 1997-6: Testifying on Behalf of an Attorney Before the Board of Bar Overseers
- 1997-5: 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; serving as trustee of two nominee trusts
- 1997-4: Participation in seminar and receiving a minimal fee
- 1997-3: Serving as Town Meeting member.
- 1997-2: Providing endorsement to candidate for Register of Probate.
- 1997-1: Acceptance of campaign contribution from Probate and Family Court litigant while running for Register of Probate.
- 1996-8: Appointment to local Human Rights Commission.
- 1996-7: Testifying before Governor's Council on behalf of judicial nominee.
- 1996-6: Performing mediation or arbitration services for the Massachusetts Commission Against Discrimination.
- 1996-5: Serving on committee to elect Register of Probate.
- 1996-4: May spouse make political contributions from joint account; attendance at political functions as "private citizen" with or without spouse.
- 1996-3: Serving as member of ward committee; conflict with spouse's duties as constable.
- 1996-2: Winding up practice to assume position as Assistant Clerk Magistrate: status of name in firm name;
- 1996-1: Junket with representative to foreign country.
- 1995-8: Running for position of Register of Probate.
- 1995-7: Entering practice of law after leaving office; taking leave of absence to practice law.
- 1995-6: Court clerks being asked for assistance in the context of their jobs and the practice of law.
- 1995-5: Running for Register of Probate without taking unpaid leave.
- 1995-4: Attendance at private dinner with Lt. Governor.
- 1995-3: Serving as fiduciary for long term friend.
- 1995-2: Serving as Board Member of Legal Assistance Corporation of Central Massachusetts.
- 1995-1: Serving on local Personnel Board.
- 1994-13: Serving as City Councilor.
- 1994-12: Serving as Co-Chair of Annual Fund and on Board of Directors for YMCA.
- 1994-11: Association as independent income tax preparer with CPA.
- 1994-10: Arbitrator for American Registry of Arbitrators.
- 1994-9: Consulting work on federal projects.
- 1994-8: Fund-raising for alumnae association.
- 1994-7: Taking leave of absence to campaign for position of Clerk of Courts.
- 1994-6: Serving on executive committee and as treasurer of bar association.
- 1994-5: Serving as a director on Board of Advisors of non-profit rehabilitation facility.
- 1994-4: Attending political fund-raising event.
- 1994-3: Solicitation of funds to run for position of Clerk of Courts.
- 1994-2: Serving as town meeting member.
- 1994-1: Engaging in for-profit mediation business.
- 1993-1: Serving as member of city's election commission.
- 1992-9: Serving as volunteer on the Regional Advisory Council of the ***** Partnership to Reduce Drug Abuse.
- 1992-8: Contacting attorneys to advertise preparation of tax returns.
- 1992-7: Unpaid, volunteer work in connection with private dispute resolution business.
- 1992-6: Serving as member and chairman of Board of Examiners for a City. Serving as executrix for estate of non-family member. Receiving referral fees arising from causes of action brought before being sworn in as assistant clerk.
- 1992-5: Additional, more detailed, discussion on issues raised in #92-4.
- 1992-4: Being a stockholder, director, treasurer, clerk and receiving a salary and/or unearned income from a corporation established to provide a private court system in Massachusetts.
- 1992-3: Involvement with sibling's campaign for position of town clerk.
- 1992-2: Serving as President of Booster Club for a High School.
- 1992-1: Acting as administrator of estate (for deceased ward.)
- 1991-7: Holding of position of town meeting member.
- 1991-6: Renting of summer home to attorneys who appear in Clerk-Magistrate's court.
- 1991-5: Performing legal research for a law firm while on furlough or an authorized vacation.
- 1991-4: Case evaluator for ADR project for contested divorce cases.
- 1991-3: Reviewing of entry and sale documents for foreclosure proceedings.
- 1991-2: Serving on board of organization that regularly files actions in Clerk-Magistrate's court.
- 1991-1: Serving as fiduciary for college roommate; definition of "close familial relationship."
- 1990-5: CASA Volunteer/guardian ad litem in Juvenile Court.
- 1990-4: Acting as guardian for a non-family member.
- 1990-3: Political activity (holding of sign for candidates).
- 1990-2: Recusal of Clerk-Magistrates.
- 1990-1: Membership in political committees.
Opinion
Opinion Opinion 2020-4
Table of Contents
Receiving referral fees arising from causes of action brought before being sworn in as Clerk-Magistrate
Dear Clerk Magistrate ____________:
This is in response to your request of September 4, 2020 for the Committee's advice. You were appointed Clerk Magistrate in the ______________ Court in September 2019 and seek guidance regarding payment of referral fees from your former law firm. When you left your former practice you left behind a few private personal injury cases that continue to be handled by the former firm. You also left an older case in which the judgment was recently satisfied. Your former firm is looking to pay you a referral fee for the case in which the judgment was satisfied, and you expect that the firm will seek to pay you referral fees for the personal injury cases in the future. You ask whether you are able to receive those referral fees under the Code of Professional Responsibility for Clerks.
The Committee addressed this issue in an early opinion. Opinion 92-6 provides in part "The third question you posed was whether you could keep on receiving referral fees that arise out of causes of action brought before you were sworn in as Assistant Clerk. We see no conflict with your receiving these fees so long as you are not providing any continuing legal work to earn them." The Committee considered your request and confirms the advice that was provided in Opinion 92-6. Because you have already done the work that generates the fees and will not be doing any further legal work to earn them, the Committee finds that the Code does not prohibit your receiving the previously earned referral fees.
Sincerely,
Christine P. Burak, Esq.
Secretary, Advisory Committee on Ethical Opinions
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