Canon 5 New Jersey Rules of Court, Canon 5: Part 1 Appendix (CCJE): Canon 5, rendered as code with every cross-reference linked

rule Canon 5 "Part 1 Appendix (CCJE): Canon 5" {
Canon 5 -- Outside Employment and Other Outside Activities
The court-related duties of a judiciary employee shall take precedence over all outside activities.
(A) Each full-time court employee's position with the court system must be the employee's primary employment.
Comment: Outside employment or non-paying activities must be capable of being fulfilled regularly outside of normal working hours.
(B) To avoid impropriety and/or conflict of interest or the appearance thereof, the following provisions shall apply to the holding of outside employment by judiciary employees.
Comment: Although the propriety of holding outside employment is determined by this Code, particularly by the provisions of Canon 5.B., employees are advised that to hold other employment while working for the judiciary, they must meet certain procedural requirements, as detailed in Section 15 below.
The term "Outside Employment" refers to positions of gainful pursuit, including (a) additional employment with the judiciary or (b) self-employment.
(1) 
(a) Subject to this Code, as interpreted by the Advisory Committee on Outside Activities of Judiciary Employees and by the Supreme Court, and except as set forth below, all non-judge judiciary employees may hold outside employment.
Comment: Outside employment is presumptively permissible and may be held if not prohibited, restricted, or in conflict with the principles, goals, or standards of the Code.
(2) Subject to the notice requirements of 5.B.15, any court employee may teach, lecture, or write on any subject, as long as:
(a) any compensation is commensurate with the prevailing rate
(b) any presentation or document clearly states that the employee is not speaking on behalf of the Supreme Court or the court system, unless the employee has expressly been authorized to do so; and
(c) no confidential information is disclosed.
(3) Subject to the notice requirements of 5.B.15, all judiciary employees are presumptively permitted to hold outside employment, with the following exceptions:
(a) judiciary employees shall obtain the written permission of the Administrative Director prior to undertaking outside consulting work;
(b) the Administrative Director shall obtain the written permission of the Supreme Court prior to undertaking outside consulting work;
(c) Superior Court or Tax Court law clerks shall obtain written permission of (a) their judge, and (b) the Assignment Judge, the Appellate Division Presiding Judge for Administration, or the Tax Court Presiding Judge prior to taking outside employment; Supreme Court law clerks shall obtain written permission of (a) their justice, and (b) the Chief Justice.
(4) No judiciary employee shall engage in outside employment that involves the use of judiciary equipment, materials, supplies, telephone services, office space, computer time, or facilities.
Comment: To use judiciary resources for outside employment is improper. Included within this prohibition are resources used by judiciary employees for publications for profit. However, when the publication is not for profit and it advances the interests of the judiciary, judiciary resources may be used with the advance written approval of the Chief Justice for employees of the Supreme Court, the Presiding Judge for Administration of the Appellate Division for Appellate Division employees (including official court reporters), the Assignment Judges for employees in their respective vicinages, the Assignment Judges and Municipal Court Judges for municipal court employees, the Presiding Judge of the Tax Court for Tax Court employees, and the Administrative Director of the Courts for employees of the Administrative Office of the Courts. All such advance written approvals shall be filed with the Administrative Director.
(5) No judiciary employee shall engage in outside employment that requires, induces, or encourages the employee to disclose information acquired in the course of the judiciary employment. Information obtained during employment with the judiciary shall not be used for the benefit of the outside employment.
Comment: This non-disclosure requirement imposes two separate restrictions on judiciary employees. It requires that judiciary employees be prohibited from outside employment when the employee is placed in the position of having to disclose information obtained in the course of performance of official duties. It further prohibits the disclosure of such information for the benefit of the outside employment even when the employee is not required or induced to disclose it. Thus, the non-disclosure requirement is to be construed broadly and is not limited only to confidential information.
(6) No judiciary employee shall engage in the practice of law, except as permitted by Court Rule.
Comment: This Canon will, for example, continue the current provisions in Court Rule 1:15 governing the practice of law by Surrogates and deputy surrogates.
(7) No judiciary employee shall engage in outside employment that regularly requires the employee's appearance in court, or before an arbitrator, mediator, or hearing officer.
Comment: This Canon shall not be construed as limiting judiciary employees from engaging in legitimate union activity, either when an employee is acting on behalf of his or her union, or is working for the union on an approved leave of absence from judiciary employment.
(8) No judiciary employee shall accept court appointment as an appraiser, receiver, commissioner, guardian ad litem, administrator, or other title for which a fee may be allowed in any matter pending in any court unless the employee agrees in advance to waive such fee.
Comment: This prohibition applies to situations in which the appointment is made by a court; it is not intended to apply where an employee may be named outside of court to serve for a fee in one of these capacities, e.g., an employee named in a will to execute a decedent's estate; in that event the employee may accept an executor's commission.
(9) No judiciary employee shall engage in outside employment with attorneys, persons, or business entities who regularly appear in court.
Comment: To avoid any impropriety, outside employment is prohibited when the employer regularly appears in court. The phrase "regularly appear in court" applies to those entities that reasonably can be expected to make court appearances, such as debt-collection services, law enforcement and private security agencies, and political organizations. However, official court reporters are not restricted from engaging in the reporting of hearings before municipal governing bodies, local boards and agencies, and such other activities that have been permitted by the Administrative Regulations Governing Court Reporters.
(10) No judiciary employee shall engage in outside employment with any person or business entity regularly providing goods or services to the judiciary.
(11) No judiciary employee shall engage in outside employment that involves any kind of supervisory relationship with another judiciary employee when a supervisory relationship exists in their judiciary employment.
Comment: This prohibition is necessary to preclude the creation of management difficulties that could arise from outside-employment relationships that reflect, or reverse, supervisory roles held in the judiciary. The prohibition does not extend to situations that do not present the opportunity for such conflicts (for example, two employees who have a supervisory relationship in the judiciary also serving as salesclerks in different departments of the same retail store).
(12) No judiciary employee shall engage in outside employment with or as a bail bondsman.
(13) No judiciary employee shall engage in outside employment that in any way reflects adversely, or gives the appearance of reflecting adversely, on the integrity, independence, and dignity of the judicial system. The following areas of employment, although acceptable for non-judiciary employees, if engaged in by judiciary employees are deemed so susceptible of adversely reflecting on the judicial system as to warrant specific prohibition:
(a) Engaging in outside employment as a paid lobbyist.
(b) Engaging in outside employment soliciting funds as a paid fund-raiser.
(c) Engaging in outside employment when the position is gaming related and requires the employee to hold a casino employee license.
Comment: Judiciary employees are prohibited from outside employment in the casino industry when the employment is in a gaming-related position requiring the holding of a casino employee license pursuant to N.J.S.A. 5:12-90. Employees should refer to New Jersey Conflicts of Interest Law (NJCOIL), N.J.S.A. 52:13D-12 to -28. The restriction does not apply to an employee whose duties are limited to the hotel operations of a casino, even though such employment may require registration under N.J.S.A.5:12-91.
(d) Engaging in outside employment when the primary function of such employment is dispensing alcohol by the drink.
Comment: Certain types of outside employment involving the serving of alcoholic beverages are prohibited. The restriction is imposed when the primary function of the employment is dispensing alcohol by the drink, such as in bartending or being a cocktail waiter/waitress. It is not meant to apply to other types of food-service employment where dispensing alcohol by the drink is incidental to the position's primary function. The restriction also does not apply to retail-liquor-store employment.
(e) Engaging in outside employment with, holding an interest in, or representing, appearing for, or negotiating on behalf of (1) any holder of or applicant for a medical cannabis permit or a personal use cannabis license, (2) any entity that employs any certified medical or personal use cannabis handler, or (3) any holding or intermediary company with respect to either (e)(1) or (e)(2).
Comment: Under the New Jersey Conflicts of Interest Law (NJCOIL) as amended in 2021 (N.J.S.A. 52:13D-12 to -28), New Jersey Judiciary employees are prohibited from holding an interest in or engaging in outside employment in the cannabis industry, including but not limited to the restrictions set forth in N.J.S.A. 52:13D-17.2 as described in section (e). The full list of cannabis businesses to which this prohibition applies can be found at N.J.S.A. 52:13D-17.2(b)(3).<
(14) All judiciary employees holding occupational or professional licenses shall be permitted to maintain such licenses. No judiciary employee shall use an occupational or professional license in contravention of the provisions of this Code.
(15) Procedure
(a) Written Notification. Pursuant to the policy of Canon 5.B, and subject to its limitations, the holding of outside employment is presumptively permissible and, subject to the limitation of Canon 5.B.15.d, does not require approval by the immediate supervisor for the employee seeking such employment. However, any judiciary employee wishing to hold outside employment shall provide written notice ten days prior to the commencement of that employment.
(1) Contents of Notification. Written notification of outside employment shall contain the following information regarding the outside employment:
(a) employer's name and address;
(b) duties and responsibilities;
(c) total hours per day;
(d) total hours per week;
(e) scheduled work hours each day; and
(f) whether a license is required.
(2) Filing of Notification. Each judiciary employee, at least ten days prior to the commencement of outside employment, shall file the written notification specified above with his or her immediate supervisor and shall provide a copy of such notification to the following:
(a) for employees of the Supreme Court, including the Supreme Court Clerk's Office, to the Chief Justice and the Administrative Director;
(b) for employees of the Appellate Division, including the Appellate Division Clerk's Office and all Official Court Reporters, to the Presiding Judge for Administration of the Appellate Division and the Administrative Director;
(c) for vicinage employees, to the Assignment Judge and the Administrative Director;
(d) for municipal court employees, to the Assignment Judge, the municipal court judge, and the Administrative Director;
(e) for employees of the Tax Court, including the Tax Court Clerk's Office, to the Presiding Judge of the Tax Court and the Administrative Director;
(f) for employees of the Administrative Office of the Courts and the Superior Court Clerk's Office, to the Administrative Director.
(b) Annual Notification. All judiciary employees holding outside employment shall file an annual report with their immediate supervisors regarding the current status of such employment, 12 and shall provide a copy of that report to those persons required to be provided a copy the original notification. The judiciary shall annually provide for use by all employees an appropriate reporting form promulgated by the Administrative Director with the approval of the Supreme Court. For the sake of conformity, such notice shall be filed on or before January 15 of each year, regardless of the date of commencement of the outside employment.
(c) Change in Employment Status. All judiciary employees holding outside employment shall promptly notify their immediate supervisor in writing when a change in employment status occurs, and shall provide a copy of that notice to those other persons required to be copied on the original and annual notifications. The employee must demonstrate that no conflict results from changes in employment status either in the work for the judiciary or for the outside employment. Written notification of a change in employment status shall be made when any of the following has occurred:
(1) change in the identity of the outside employer;
(2) change in the duties or responsibilities of the judiciary employment;
(3) change in the duties or responsibilities of the outside employment;
(4) change in the work hours of the judiciary employment;
(5) change in the work hours of the outside employment;
(6) the employee has reason to believe that an actual or potential conflict of interest, as specified in Canon 4, has developed; or
(7) the employee has reason to believe that the employment may reflect adversely on the judiciary, as specified in Canon 5.B.13.
(d) Multiple Public Employment. Notwithstanding the provisions of Canon 5.B.15.a, when a court employee seeks outside employment, other than military service, with another public agency or governmental unit, whether federal, state, county, or municipal, or within another area of the judiciary, the written consent of both employers is required.
(e) Review. In instances when, on the filing of the initial written notification of outside employment, the annual notification, or the notice of change in employment status, an employee's immediate supervisor or the person entitled to notice under Canon 5.B.15a(2)(a)-(f) determines that the outside employment violates, contravenes, or conflicts with specific provisions of the Code or with the principles, goals, or standards of the Code, the employee may seek a determination from the Advisory Committee on the Outside Activities of Judiciary Employees regarding the propriety of the outside employment. The supervisor or other person named in Canon 5.B.15a(2)(a)-(f) above shall inform the court employee, within five days of receipt of the employee's written notification of employment status, of any adverse decision prohibiting acceptance of such employment. Upon a written appeal of an adverse decision by an employee, the Advisory Committee shall render its decision within thirty days of its receipt of that written appeal.
(C) In order to avoid impropriety and/or conflict of interest or the appearance thereof the following provisions shall apply to appointment to public positions and the pursuit of community activities by judiciary employees.
(1) Law clerks, judges' secretaries, and employees in high-level managerial or policy-making positions shall be subject to the same limitations imposed on judges by the Guidelines for Extrajudicial Activities for New Jersey Judges, which are incorporated by reference herein. Employees subject to this Canon may apply for permission on a case-by-case basis to undertake activities otherwise precluded that could not reasonably be perceived by the public as impairing the appearance of impartiality of the judiciary. Such application shall be made in writing to the Advisory Committee on Outside Activities of Judiciary Employees. Employees subject to this Canon are also subject to the provisions concerning fundraising which are contained in Canons 5.D.1 and 5.D.2.
Comment: This Canon is intended to apply to high-level court personnel, including the Administrative Director, Deputy Director, AOC Assistant Directors, AOC chiefs, trial court administrators, vicinage chief probation officers, and division managers, as well as the judge's secretary, law clerk, and other immediate office staff. These are the same employees subject to the restrictions in Canon 6.C below.
(2) All other employees who are or appear to be close to the judge or the judicial decision-making process, whether by reason of influence or physical proximity, may accept any public appointment, subject to the notice and other requirements of Canon 5.C.2.e below, or engage in any community activity, except the following:
(a) Such employees of the Superior Court at the trial level may not sit on quasi-judicial boards, such as planning boards or boards of adjustment, of any governmental unit in the county in which they work, and such employees of appellate courts may not sit on any quasi-judicial boards whatsoever.
(b) Employees subject to this Canon may not be officers of any organization that practices invidious discrimination on the basis of race, religion, national origin, gender, or sexual orientation.
Comment: Organizations dedicated to the preservation of religious, spiritual, charitable, civic, or cultural values, and which do not stigmatize any excluded persons as inferior and therefore unworthy of membership, are not considered to discriminate invidiously.
(c) Employees subject to this Canon shall disclose on an on-going, confidential basis to the appropriate designated supervisor all permitted public appointments, and such information shall be made available to all judges of the court in which the employee works.
(d) Employees subject to this Canon are subject to the provisions concerning fundraising, as contained in Canons 5.D.1 and 5.D.2.
Comment: This Canon is designed to apply to employees who by reason of their high visibility to the public in the courtroom or court offices play or may reasonably be perceived to play a substantial role in the processing or disposing of court matters. This provision is intended to apply to those who actually or may be perceived to play a substantial role in the judicial decision-making process, regardless of the position held. These are the same employees who are subject to the restrictions in Canon 6.D.
(e) Such employees wishing to accept appointment to a public position shall provide written notice ten days prior to the commencement of service in that position.
(1) Contents of Notification. Written notification of such position shall contain the following information:
(a) the name of the public entity; its statutory functions, if any; and its actual functions and activities in fact;
(b) the duties and responsibilities of the judiciary employee as a member of the public entity;
(c) the total amount of time expected to be devoted to such a position;
(d) the duration of the membership;
(e) any circumstances that would help determine whether the standards of Canon 5.C.2.e(5) below are met.
(2) Filing of Notification. Each judiciary employee shall file, at least ten days prior to the commencement of the holding of such public position, the written notification specified above with his or her immediate supervisor and shall provide a copy of such notification to the following:
(a) for employees of the Supreme Court including the Supreme Court Clerk's Office, to the Chief Justice and the Administrative Director;
(b) for employees of the Appellate Division, including the Appellate Division Clerk's Office and all Official Court Reporters, to the Presiding Judge for Administration of the Appellate Division and the Administrative Director;
(c) for vicinage employees, to the Assignment Judge and the Administrative Director;
(d) for municipal court employees, to the Assignment Judge, the municipal court judge, and the Administrative Director;
(e) for employees of the Tax Court, including the Tax Court Clerk's Office, to the Presiding Judge of the Tax Court and the Administrative Director;
(f) for employees of the Administrative Office of the Courts and the Superior Court Clerk's Office, to the Administrative Director of the Courts.
(3) Annual Notification. All judiciary employees holding public positions shall file an annual report with their immediate supervisors regarding the current status of such public position, and shall provide a copy of the annual report to those persons required to be provided a copy of the original notification. The judiciary shall annually provide for use by all employees an appropriate reporting form promulgated by the Administrative Director with the approval of the Supreme Court. For the sake of conformity, such notice shall be filed on or before January 15 of each year, regardless of the date of commencement of the public position.
(4) Change in Status of Public Position. All judiciary employees holding public positions shall promptly notify their immediate supervisor in writing when a change in the status of that public position occurs, and shall provide a copy of that notice to those persons required to be copied on the original and annual notifications. The employee must demonstrate that any such change does not result in a violation of the standard applicable to all public positions set forth in Canon 5.C.2.e(5) below. Written notification of a change in public position status shall be made when any of the following has occurred:
(a) change in the identity of the public agency;
(b) change in the duties or responsibilities of the judiciary employee if it affects the applicability of that standard;
(c) change in the duties or responsibilities of the public position;
(d) any change that the employee has reason to believe might result in a violation of the standard of Canon 5.C.2.e(5) below.
(5) Review. The court employee may not accept the public appointment in instances when, on the filing of the initial written notification of public position, the annual notification, or the notice of change in public position status, an employee's immediate supervisor or the person entitled to notice under Canon 5.C.2.e(2) above determines that the public position will involve the employee in recurring political issues that are the subject of political controversies and the employee is or appears to be so close to the judge or the judicial decision-making process as to pose a realistic likelihood that the judiciary or a reasonable citizen would be concerned that the judiciary might not be able to render impartial decisions on matters relating to the public position or the activities connected to the public position. The employee may seek a determination from the Advisory Committee on the Outside Activities of Judiciary Employees regarding the propriety of the public position. The supervisor or other person named in Canon 5.C.2.e(2) above shall inform the employee within five days of receipt of the employee's written notification of public position of any adverse decision prohibiting acceptance of such appointment. Upon written appeal of an 16 adverse decision by an employee, the Advisory Committee shall render its decision within thirty days of its receipt of that written appeal.
(3) Professional judiciary employees not in high-level managerial or policy-making positions and remote from the judge and the judicial decision-making process are not limited with regard to any public appointment or community activity, subject to the following:
(a) Such employees may not perform any official functions with regard to matters before the court involving an entity with which they are connected.
(b) The restrictions contained in Canons 5.D.1 and 5.D.2 apply.
Comment: These are the same employees who are subject to the restrictions in Canon 6.E.
(4) Non-professional judiciary employees who are remote from the judge and the judicial decision-making process are subject only to the limitations on fundraising in Canon 5.D.1 in connection with any public appointment or community activity.
Comment: These are the same employees who are subject to the restrictions in Canon 6.F.
(D) The following restrictions shall apply to fundraising efforts by court employees on behalf of public entities, civic organizations, or charitable organizations.
(1) No court employee may solicit funds for any entity while at the courthouse or while engaged in official functions, nor target solicitations to lawyers or litigants at any time.
Comment: The current practice of allowing employees to accept small donations from co-workers for such things as scout cookies or walkathons is not intended to be restricted hereby.
(2) Employees subject to Canons 5.C.1, 5.C.2, and 5.C.3 may not solicit funds at any time from persons known to them as lawyers or litigants.
Note: Canon 5 adopted December 7, 1993 to be effective immediately; Canon 5.B, 5.B.1 Comments amended, 5.B.1b deleted, 5.B.2 text added, 5.B.3 new text adopted, former paragraphs 5.B.3, 5.B.4, 5.B.5, 5.B.6, 5.B.7, 5.B.8, 5.B.9, 5.B.10, 5.B.11, 5.B.12, and 5.B.13, 5.B.14 redesignated as 5.B.4, 5.B.5, 5.B.6, 5.B.7, 5.B.8, 5.B.9, 5.B.10, 5.B.11, 5.B.12, 5.B.13, 5.B.14, 5.B.15 and 5.B.15.c7.d., and e. amended February 3, 1997 to be effective March 6, 1997; Canon 5.E deleted June 4, 2002 to be effective immediately; Canons 5.B.2 and 5.B.3 amended February 2, 2004 to be effective immediately.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-11-06; corpus harvested 2026-09-02