- mrs-l-1947-22c.pdf
- 1:17-1-Persons Prohibited 1:17-1 The following persons in or serving the judicial branch of government shall not hold any elective public office nor be a candidate therefor, nor engage in partisan political activity: Judges; The Administrative Director of the Courts, the Clerk of the Supreme Court, the Clerk of the Appellate Division of the Superior Court, the Clerk of the Superior Court, the Administrator of the Tax Court, and all employees of their respective offices, and official court reporters; Probation officers and all employees of county probation divisions; Clerks to grand juries, assistants to clerks of grand juries, and all employees regularly assigned to attend or serve grand or petit juries; Law secretaries, administrative assistants to judges, stenographers, sergeants-at-arms, assignment clerks, courtroom clerks, court attendants, court aides, court interpreters, sound recording operators, and all public employees regularly assigned to a judge or court, except those employees of county sheriffs who provide only security services; Surrogates, except such political activity as is permitted under the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules. A person elected to the office of Surrogate shall, prior to taking the oath of office, resign from any other public office, position or employment, elected or appointed, held by such person; Deputy surrogates and all persons employed by or regularly assigned to a surrogate's office; Directors, administrators, deputy administrators, violations clerks, and all persons employed by or regularly assigned to a municipal court. Note: Source -- R.R. 1:25C(a); paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (g) amended June 15, 1983 to be effective immediately; paragraph (i) amended July 26, 1984 to be effective September 10, 1984; paragraph (g) amended June 29, 1990 to be effective September 4, 1990; caption amended, paragraphs (b) and (c) amended, paragraph (d) deleted, former paragraph (e) redesignated paragraph (d), former paragraph (f) amended and redesignated paragraph (e), former paragraph (g) amended and redesignated paragraph (f), former paragraph (h) redesignated paragraph (g), and former paragraph (i) amended and redesignated paragraph (h) December 7, 1993, to be effective immediately; paragraph (b) amended July 28, 2004 to be effective September 1, 2004. Part 1
- MRS-L-1947-22 - Alfieri v. Frank, Business Opinion Category, Complex Business Litigation Program, Decided Date, July 1, 2025, Business Opinion Issue Types, Breach of Duty of Loyalty Breach of Fiduciary Duty Covenant of Good Faith and Fair Dealing Shareholder Issues, Publication Status, Unpublished, Judge, DeAngelis, P.J.Ch., Referenced Opinion ID, MRS-L-1947-22
- 1:16-2-Prohibition as to Gratuities 1:16-2 No attorney or party shall give either directly or indirectly any gratuity or gift to any employee of any court, or of any officer serving a court, or of any other governmental agency or officer, when such attorney has had or is likely to have any professional or official transaction with such court, office or agency; nor shall an employee of any court, or of any office serving a court, accept any gratuity, gift, loan, discount, favor, hospitality, or service either directly or indirectly from any attorney or other person who has had or is likely to have any professional or official transaction with the employee or with the employee's court or office. Note: Source-R.R. 1:34(a)(b). Amended December 7, 1993, to be effective immediately. Part 1
- 1:17-5-Ineligibility of Judicial Employees for Appointments 1:17-5 No person in or serving the judicial branch of government full time including any person in the employ of a surrogate shall be eligible for appointment as or serve as an appraiser, receiver, commissioner, guardian ad litem, administrator, or other appointment for which a fee may be allowed in any matter pending in any court unless he or she agrees in advance to waive such fee. The foregoing applies to situations in which the appointment is made by a court. It shall not apply when an employee may be named outside of court to serve for a fee in one of the enumerated capacities, e.g., an employee named in a will to execute a decedent's estate, in which event the employee may accept an executor's commission. See Canon 5.B.7. of the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules. Note: Source-R.R. 5:5-4. Rule 1:17-5, formerly Rule 1:17-3, former text amended and designated as paragraph (a) and paragraph (b) adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-1-Appointment and Organization 1:17A-1 The Supreme Court shall appoint an Advisory Committee on Outside Activities of Judiciary Employees consisting of at least 16 members serving for terms of two years with the terms of approximately one half of the members expiring each year. No member who has served five full two-year terms shall be eligible for immediate reappointment. The Committee shall include at least six judges (at least one from the Appellate Division), one Surrogate, four judiciary employees, two practicing attorneys, and three public members. A vacancy occurring during a term shall be filled for the unexpired portion thereof. The Court shall annually designate a member of the Committee to serve as Chairperson and another member to serve as Vice Chairperson. The Administrative Director of the Courts or designee shall serve as secretary of the Committee. Note: Adopted December 7, 1993, to be effective immediately; amended December 6, 2005 to be effective immediately. Part 1
- 1:17A-5-Depositions of Inquiries 1:17A-5 Except as may otherwise be determined by the Committee in the case of routine inquiries that require a response before the Committee can act, no decision or advisory opinion shall be given or made by the Committee unless concurred in by a majority thereof. The Committee shall render its decision or advisory opinion within 30 days of its receipt of the written inquiry. In every matter the secretary shall convey the Committee's response in writing to the person making the inquiry. When the Committee determines, in its discretion, that a determination is of statewide importance, it may in addition file a formal opinion and make suitable arrangements for its publication. Formal opinions shall not, insofar as practicable, identify the employee making the inquiry. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17-4-Non-applicability 1:17-4 Rule 1:17-1 shall not apply to county clerks, county prosecutors, sheriffs, or employees of their respective offices except as such employees are specifically referred to therein and except as otherwise provided by N.J.S. 2A:158-21 (proscribed political activity of county prosecutors and their staffs). Note: Source-R.R. 1:25C(b); amended June 15, 1983 to be effective immediately. Former Rule 1:17-4 redesignated as Rule 1:17-6; Rule 1:17-4, formerly Rule 1:17-2, amended December 7, 1993, to be effective immediately. Part 1
- 1:17-3-Non-judge Employees 1:17-3 Whether non-judge employees may participate in non-partisan political activity or hold any other public office, position or employment shall be determined according to the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules, as that Code is interpreted and applied by the Advisory Committee on Outside Activities of Judiciary Employees, established under Rule 1:17A. Note: Former Rule 1:17-3 redesignated as Rule 1:17-5; new Rule 1:17-3 adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-4-Form of Inquiry 1:17A-4 All inquiries, whether requesting a decision or an advisory opinion, as applicable, shall be addressed to the secretary, who shall transmit them to the Committee. They shall be in writing, shall set out the factual situation in detail, and shall be accompanied by a short memorandum citing the relevant section(s) of the Code of Conduct. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17-2-Judges 1:17-2 Judges may not engage in non-partisan political activity. Without prior written approval of the Supreme Court, requested through the Administrative Director of the Courts, judges may not hold any other public office, position, or employment. Note: Former Rule 1:17-2 redesignated as Rule 1:17-4; new Rule 1:17-2 adopted December 7, 1993, to be effective immediately. Part 1
- 1:17-6-Other Employment of Judicial Employees 1:17-6 No public officer or employee employed by or regularly assigned to a judge shall hold any position or employment in private business or engage in other gainful pursuit except as the same may be permitted under the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules. Note: Source-R.R. 1:25C(c). Rule 1:17-6, formerly Rule 1:17-4, amended December 7, 1993, to be effective immediately. Part 1
- 1:17A-2-Jurisdiction 1:17A-2 The Committee shall have jurisdiction to interpret the Code of Conduct for Judiciary Employees. In particular, the Committee shall have jurisdiction to issue advisory opinions and to render decisions as follows: The Committee shall render advisory opinions concerning employees' outside activities when such opinions are requested by any judiciary employee or supervisor. The Committee shall decide whether to permit employees who are subject to Canon 5.C.1 of the Code of Conduct to accept appointments to public positions or to undertake community activities. Such employees are required to obtain the consent of the Committee before beginning any of those activities. The Committee shall decide appeals from any judiciary employee who has been informed of an adverse decision: regarding outside employment by a supervisor or other person named in Canon 5.B.14.a.(2)(a)-(f) of the Code of Conduct; regarding appointment to a public position by a supervisor or other person named in Canon 5.C.2.e.(2)(a)-(f) of the Code of Conduct; regarding participation in non-partisan political activities by a supervisor or other person named in Canon 6.H.2.(a)-(f) of the Code of Conduct. The Committee shall render advisory opinions in any matter when requested to do so by the Supreme Court. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-6-Inquiries From Supreme Court 1:17A-6 The Committee shall consider and advise the Supreme Court or render opinions on such matters as the Supreme Court may submit to it from time to time. Those opinions shall not be published without prior approval of the Court. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-7-Procedure 1:17A-7 The Committee shall prescribe the methods and procedure to be followed in considering inquiries, expressing advisory opinions, and rendering decisions. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-9-Reports 1:17A-9 From time to time the Committee shall evaluate its operations in reports to the Supreme Court. Such reports shall include any recommendations the Committee may wish to make regarding amendments either to the Code of Conduct, to the procedures where under the Code of Conduct is administered, or to this Rule. Note: Adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-3-Scope of Review 1:17A-3 In rendering its decisions and in issuing its advisory opinions, the Committee shall determine whether the activities that are the subject of the inquiry would violate, contravene, or conflict either with specific provisions of the Code or with the principles, goals, or standards of the Code. All decisions rendered and advisory opinions issued by the Committee shall be based on the facts presented pursuant to Rule 1:17A-4. In all matters in which a decision or advisory opinion of the Committee would depart from the Code of Conduct or involve a policy decision that is beyond the scope of the Code of Conduct, the Committee shall refer such matters to the Supreme Court for review, with such recommendation as the Committee may wish to make. Note: Adopted December 7, 1993, to be effective immediately. Part 1
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