Opinion  Opinion 2024-2

Date:	04/03/2024
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Running for the Clerk of the Superior Court while continuing employment in the same court.

Dear _______________,

This is in response to your letter to the Advisory Committee on Ethical Opinions for Clerks of the Courts (“the Committee”) dated February 26, 2024. In that letter you inquired whether you may run for the position of Clerk of the Superior Court of _________ County without taking an unpaid leave of absence from your current position [in that] Superior Court.

The Committee is authorized to provide advisory opinions to Clerks, Registers, and their assistants, with respect to the rules of court that govern the ethical and professional conduct of clerks. See Canon 1 of the Code of Professional Responsibility for Clerks of the Courts. You are currently holding the position of _____________, a position which is not covered by the Code. 

If your position were covered by the Code, the Committee’s role would be limited to providing advice on the implications that the Code would have on your candidacy. (See Opinion 2019-2 running for Register of Probate while continuing employment as Deputy Assistant Register/Office Manager in the same court and Opinion 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).

Decisions as to the need for a leave of absence are management decisions beyond the mandate of this Committee. We also note that Trial Court Personnel Policies and Procedures, the State Ethics Commission, Regulations of the Office of Campaign and Political Finance, and other statutes and rules may bear on your situation.

Sincerely,
Christine P. Burak, Esq.
Secretary, Advisory Committee on Ethical Opinions for Clerks of the Courts