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Law Clerk Code of Conduct Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 46. Law Clerk Code Of Conduct.

Canon 5. A law clerk should regulate his extra-judicial activities to minimize the risk of conflict with his law clerk duties

A. Avocational Activities.

A law clerk may write, lecture, teach, and speak on legal as well as non-legal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of his office or interfere with the performance of his law clerk duties.

B. Civic and Charitable Activities.

A law clerk may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his law clerk duties. A law clerk 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.

C. Financial Activities.

    (1) A law clerk should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his duties, exploit his position, or involve him in frequent transactions with lawyers or persons likely to come before the court in which he serves.

    (2) Subject to the requirements of subsection (1), a law clerk may hold and manage investments, including real estate, and engage in other remunerative activity subject to the approval of his judge.

    (3) Neither a law clerk nor a member of his family residing in his household should accept a gift, bequest, favor, or loan from anyone except as follows:

        (a) a law clerk or a member of his family residing in his household may accept ordinary social hospitality; a gift, bequest, favor, or loan from a relative; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not law clerks; or a scholarship or fellowship awarded on the same terms applied to other applicants;

        (b) a law clerk or a member of his family residing in his household may accept any other gift, bequest, favor, or loan only if the donor is not a party or other person whose interests have come or are likely to come before the court where he serves.

    (4) For the purposes of this section "member of his family residing in his household" means any relative of a law clerk by blood or marriage, or a person treated by a law clerk as a member of his family, who resides in his household.

    (5) A law clerk is not required by this Code to disclose his income, debts, or investments.

    (6) Information acquired by a law clerk in his law clerk duties should not be used or disclosed by him in financial dealings or for any other purpose not related to his duties.

D. Fiduciary Activities.

A law clerk should not serve as an executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of his family, and then only if such service will not interfere with the proper performance of his duties. "Member of his family" includes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the law clerk maintains a close familial relationship. As a family fiduciary a law clerk is subject to the following restrictions:

    (1) He should not serve if it is likely that as a fiduciary he will be engaged in proceedings that would ordinarily come before the court where he serves, or if the estate, trust, or ward becomes involved in adversary proceedings in the court in which he serves or one under its appellate jurisdiction.

    (2) While acting as a fiduciary, a law clerk is subject to the same restrictions on financial activities that apply to him in his personal capacity.

E. Arbitration.

A law clerk should not act as an arbitrator or mediator.

F. Practice of Law.

A law clerk should not practice law absent advance approval from the Supreme Court of the scope and nature of such practice.

G. Extra-judicial Appointments.

A law clerk should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice without the approval of the Supreme Court.

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Law Clerk Code of Conduct Table of Contents