Opinion  Opinion 2023-2

Date:	05/30/2023
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Assistant Judicial Case Manager mediating cases brought by former law firm.

Dear Attorney ____________:

This letter responds to your request to the Committee dated May 16, 2023. You are a Judicial Case Manager in the ____________ Court and write to the Committee seeking a further advisory opinion following up on Opinion 2022-1 dated February 9, 2022.

The question is whether your Assistant Judicial Case Manager (hereinafter referred to as AJCM) handling of mediation/settlement conferences in which the AJCM’s former law firm is counsel for one of the parties is permissible now that approximately two years have passed since the AJCM was in private practice?

Your specific questions are:

1. With the passage of time (two years since the AJCM was in private practice), is the Committee still of the same opinion?

2. Is this opinion for an indefinite period of time regardless of the years of separation from private practice?

The Committee rendered the advisory Opinion 2022-1 dated February 9, 2022, just over one year and three months ago.

Our concerns remain the same as they did in Opinion 2022-1. Specifically, the Committee’s concerns are that the AJCM’s mediating/conciliating cases brought by the former law firm would conflict with Canon 4(A) of the Code of Professional Responsibility for Clerks of Court regarding the appearance of impartiality.

With respect to both of your questions, the Committee stated in Opinion 2022-1 that “The Committee recognizes that any perception of the AJCM’s partiality to the former law firm will likely diminish over time. However, we are unable to establish any bright line as to when that may occur since there are many factors that weigh into the analysis.”

You have not provided any new factors or information, other than the passage of just over a year, that would warrant a change in our Opinion 2022-1. Therefore, the Committee renders the same advice as expressed in Opinion 2022-1.

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