NYS Advisory Committee on Judicial Ethics – Office of Court Administration rules: Opinion 22-65

New York State Advisory Committee on Judicial Ethics

Office of Court Administration rules

Application and enforcement

Opinion 22-65

Background: The inquiring full-time judge presides in a court where full-time court personnel are expected to work seven hours during a set eight-hour day, with a one-hour break for lunch. One full-time law clerk, appointed by an administrative judge but subject to the inquirer’s supervision, spends only seven hours at the courthouse per day, leaving one hour early rather than taking a one-hour midday break. The judge believes that working through the day without a break is in violation of the Office of Court Administration rules and policies. The inquirer asks if he is ethically obligated to hold the employee to follow the policies and procedures of the Office of Court Administration.

Opinion: The Committee concluded that the application and enforcement of the Office of Court Administration’s work schedule policies to non-judicial court personnel are primarily administrative matters, which the Committee cannot address.