12: Code of Professional Responsibility for Clerks of the Courts

A Clerk Magistrate shall regulate outside and personal activities to minimize the risk of conflict with official duties: (A) Personal Conduct A Clerk Magistrate should not engage in activities which might detract from the dignity of the office of Clerk Magistrate or interfere with the performance of the duties of the office. (B) Civic and Charitable Activities A Clerk Magistrate may participate in civic and charitable activities that do not reflect adversely on the Clerk Magistrate's impartiality or interfere with the performance of his or her official duties. A Clerk Magistrate may serve as an officer, director, trustee, or non legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations: (1) A Clerk Magistrate shall not participate if there is a substantial likelihood that the organization, or a significant number of members of the organization, will be engaged in proceedings that would ordinarily come before the Clerk Magistrate or the court in which the Clerk Magistrate serves. (2) A Clerk Magistrate may solicit funds for any educational, religious, charitable, fraternal, or civic organization, but shall not use or permit the use of the prestige of the office for that purpose or solicit his or her staff for that purpose. A Clerk Magistrate, however, may call his or her employees' attention to a general fund raising campaign such as the Commonwealth of Massachusetts Employees Campaign. Except as provided in paragraph (3), a Clerk Magistrate may attend but, except for an elected Clerk Magistrate, shall not be a speaker or the guest of honor at an organization's fund raising event. A Clerk Magistrate may be listed as an officer, director, or trustee of such an organization. (3) A Clerk Magistrate may serve as a keynote or featured speaker at, receive an award or other comparable recognition at, be featured on the program of, and permit the Clerk Magistrate's title to be used in connection with the promotion of a fundraising event only if the event is sponsored by an organization concerned with the law, the legal system, or the administration of justice, and that organization promotes the general interests of the judicial branch of government or the legal profession, including enhancing the diversity and professionalism of the bar. (C) Financial Activities (1) A Clerk Magistrate shall not conduct outside business activities in the courthouse at any time nor shall a Clerk Magistrate conduct any outside business activities anywhere during normal court hours. A Clerk Magistrate shall refrain from financial and business dealings that tend to reflect adversely on the Clerk Magistrate's impartiality, interfere with the proper performance of the position of Clerk Magistrate, or involve the Clerk Magistrate in transactions with lawyers or other persons likely to come before the court in which the Clerk Magistrate is serving. (2) Subject to the limitations of subsection 5(C)(1) and subsection 4(C) of this Code, a Clerk Magistrate may hold and manage investments, including real estate, and engage in other remunerative activity. (D) Fiduciary Activities (1) A Clerk Magistrate shall not serve as an executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of his or her family, and then only if such service will not interfere with the proper performance of the Clerk Magistrate's duties. "Member of his or her family" includes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the Clerk Magistrate maintains or maintained a close familial relationship. As a family fiduciary, a Clerk Magistrate is subject to the following restrictions: (a) A Clerk Magistrate shall not serve in any fiduciary capacity if it is likely that as a fiduciary the Clerk Magistrate will be engaged in proceedings that would ordinarily come before the Clerk Magistrate in a decision making capacity and shall resign as a fiduciary if the estate, trust, or ward becomes involved in adversary proceedings in the court in which he or she is serving. (b) While acting as a fiduciary, a Clerk Magistrate is subject to the same restrictions on financial activities that apply to the Clerk Magistrate in his or her personal capacity. (2) A Clerk Magistrate may serve as an executor, administrator, trustee, guardian, or other fiduciary for the estate, trust, or person of one who is not a member of his or her family provided that the Clerk Magistrate was acting in the fiduciary position prior to April 1, 1990, or that, in the case of a will designating the Clerk Magistrate as a fiduciary, the testator or testatrix died prior to April 1, 1990. Such fiduciary activity shall not be permitted if it interferes with the proper performance of the Clerk Magistrate's duties and shall be subject to the provisions of subsections 5(D)(1)(a) and (b) of this Code. (E) Appointments Except for activities to improve the law, the legal system, or the administration of justice, as permitted by Canon 4(D), a Clerk Magistrate shall not accept appointment within the geographical jurisdiction of the court in which he or she serves to a governmental committee, commission or other governmental position if there is a substantial likelihood that matters involving that committee, commission or other governmental position will come before the Clerk Magistrate or the court in which the Clerk Magistrate serves. A Clerk Magistrate may, however, represent the United States, the Commonwealth of Massachusetts, or a locality on ceremonial occasions or in connection with historical, educational, armed services and cultural activities. (F) Free or Discounted Legal Services A Clerk Magistrate may accept free or discounted legal services: 1) from a relative or close personal friend whose appearance in a matter would require the Clerk Magistrate's disqualification if the lawyer is a sole practitioner or at a firm where all the lawyers are relatives or close personal friends of the Clerk Magistrate; 2) when a lawyer or law firm has offered special pricing or a discount as part of a commercial opportunity or marketing strategy to a group of similarly situated persons who are not Clerk Magistrates; and 3) when the same discount is extended to non-Clerk Magistrates in comparable circumstances, and the lawyer, the law firm and their interests are not likely to come before the Clerk Magistrate in the reasonably near future.