Opinion  Opinion 2023-1

Date:	05/16/2023
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Events related to partner’s role in elected office.

Dear _____________:

This letter confirms the emergency advice that you were provided by the Secretary of this Committee on December 8, 2022 by telephone in response to your request to the Committee dated November 28, 2022.  You asked if you could attend the swearing in of your partner as ___________________, and whether you could appear in a campaign winter holiday card family photo.  More generally, you also requested guidance relative to what extent you can support your partner’s career while also maintaining the integrity of the court. 

By telephone, the Secretary of the Committee advised you that your attendance at the swearing in of your partner would be permissible under the Code of Professional responsibility for Clerks of Courts (Code), as it appears to be a ceremonial event rather than a political event.  However, you were advised and cautioned that attending any events that are paid for by campaign funds and events that could be considered political in nature would be prohibited under the Code.  You were also advised that appearing in a campaign winter holiday card family photo would be prohibited under the Code. 

In reviewing your request, the Committee considered whether your attendance at the swearing in would be consistent with the Code, focusing on Canon 6 which prohibits Clerks from engaging in political activity.  As the Committee noted in Opinion 2011-1, the restrictions in Canon 6 are intended to preserve the independence and impartiality of the Clerk.

In Opinion 2003-1, the Committee stated that a “public, post-election inauguration is, in our estimation, a ceremonial, as opposed to a political event and attendance does not appear to constitute an endorsement of a candidate since the election is concluded.  Moreover, the festivities do not appear to be a politically sponsored event at which a prohibited activity such as fundraising would occur.”

In Opinion 2003-6, the Committee advised, “In deciding whether attendance at an event is appropriate under Canon 6, a Clerk must consider whether the purpose of the event is chiefly political and therefore the Clerk’s attendance would be viewed as a political endorsement of the political figure, or there is some other purpose for the event.”

With respect to the swearing in ceremony, in these limited circumstances, the sole purpose of the event appears to be the swearing in of the _______ who has just won the election and who is also your partner.  The Committee is of the opinion that attending this ceremonial event would not be prohibited under the Code as it is not political in nature.  However, attending any events paid for with campaign funds would likely be considered political activity in violation of Canon 6 of the Code.

With respect to your inquiry about appearing in a campaign winter holiday card family photo, the Secretary orally advised you that it is the opinion of the Committee that this would be a violation of Canon 6 of the Code which prohibits Clerks of Courts from engaging in political activity.

In addition, you generally ask about accompanying your partner to “certain engagements intrinsic to [the partner’s] position including swearing-in ceremonies, recognition and charitable events, and community meetings.”  While the Committee cannot render an opinion without more specific facts on each event, the Committee cautions you that given your position as a ______________ in _________ County, the same county where your partner [holds office], your attendance at these types of events could give the appearance that you are partial to law enforcement or some particular group which would be a violation of the Code’s fundamental provisions intended to preserve the independence and impartiality of the Clerk.  The Committee recognizes that you would be attending these events to support your partner, however, given the principles of both actual and perceived impartiality that underlie all the Canons, and Canons 4 and 5 in particular, the Committee is of the opinion that your attendance at many types of events could be problematic.  

Since the Committee can only render an opinion based on the facts and circumstances of a particular event, the Committee advises you to seek a further opinion if you have any questions concerning future events or activities.

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