N.H. R. Sup. Ct. Canon 5

As amended through December 30, 2024
Canon 5 - A Law Clerk Should Regulate His Extra-judicial Activities to Minimize the Risk of Conflict with 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 the office or interfere with the performance of the law clerk's law clerk duties.

B. Civic and Charitable Activities.

A law clerk may participate in civic and charitable activities that do not reflect adversely upon the law clerk's impartiality or interfere with the performance of the law clerk's 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 the law clerk's impartiality, interfere with the proper performance of the law clerk's duties, exploit the law clerk's position, or involve the law clerk in frequent transactions with lawyers or persons likely to come before the court in which the law clerk 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 the law clerk's judge.
(3) Neither a law clerk nor a member of the law clerk's family residing in the law clerk's household should accept a gift, bequest, favor, or loan from anyone except as follows:
(a) a law clerk or a member of the law clerk's family residing inthe law clerk's 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 the law clerk's family residing in the law clerk's 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 the law clerk's serves.
(4) For the purposes of this section "member of the law clerk's family residing in the law clerk's household" means any relative of a law clerk by blood or marriage, or a person treated by a law clerk as a member of the law clerk's family, who resides in the law clerk's household.
(5) A law clerk is not required by this Code to disclose the law clerk's income, debts, or investments.
(6) Information acquired by a law clerk in the law clerk's law clerk duties should not be used or disclosed by the law clerk's in financial dealings or for any other purpose not related to the law clerk's 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 the law clerk's family, and then only if such service will not interfere with the proper performance of the law clerk's duties. "Member of the law clerk's 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) A law clerk's should not serve if it is likely that as a fiduciary the law clerk's will be engaged in proceedings that would ordinarily come before the court where the law clerk's serves, or if the estate, trust, or ward becomes involved in adversary proceedings in the court in which the law clerk's 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 the law clerk's in the law clerk's 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.

N.H. R. Sup. Ct. Canon 5