Opinion  Opinion 2021-3

Date:	05/25/2021
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

An Assistant Clerk Magistrate engaging in the practice of law in their former court after leaving office.

Dear Assistant Clerk Magistrate ________________:

This is in response to your letter of April 7, 2021 seeking the Committee’s opinion on the following questions:

1. What restrictions or limitations are placed on an assistant clerk leaving office to engage in the private practice of law, in terms of time or otherwise, upon leaving office?
2. May an assistant clerk immediately engage in the practice of law in her former court division?

You note in your letter that Opinion 95-7 addresses these questions and you ask whether that opinion still reflects the Committee’s views on your questions.

The Committee also has addressed these issues in Opinion 2003-4. That opinion notes that the Code of Professional Responsibility defines the norms of conduct and practice for those who are serving in positions covered by the Code. In only one instance do its provisions extend beyond a Clerk’s tenure in the Judicial Branch. Canon 9, addressing compliance with the Code, provides that a Clerk who retires or resigns shall not perform court-connected dispute resolution services except on a pro bono basis in any court of the Commonwealth for six months after retirement or resignation.  

As we did in Opinion 2003-4, we remind you that the Committee is authorized to render opinions only on the provisions of the Code. The Conflict of Interest Law is also relevant to post employment issues for employees in the public sector. You may consult with the State Ethics Commission to learn about any restrictions or limitations on your post retirement practice of law that are imposed by the Conflict of Interest Law.  

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