September 12, 1991
Digest: A part-time judge may tutor a student in a Legal Writing course with Empire State College of the State University of New York and receive payment for such tutorage.
Rules: 22 NYCRR §§100.4(a); 100.5(h); 100.6(d)(2).
A part-time judge asks if there is any ethical prohibition in tutoring a student of Empire State College (State University of New York). The study, approved for 3 credits, is entitled legal writing, and the judge will be paid for such tutorage.
Section 100.4(a) of the Rules of the Chief Administrator provides that “a judge may speak, write, lecture, teach and participate in other activities concerning the law, the legal system, and the administration of justice.” Additionally, a part-time judge may accept employment which is “not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties.” (22 NYCRR 100.5[h]). On the facts presented, we find no ethical impediment to the employment proposed.
Section 100.6(a) of the Rules provides that the judge may be compensated for such service as long as such payment is reasonable, and does not exceed what a non-judge would be paid for the same activity. Since the judge is part-time, there is no prohibition to receiving compensation for extra-judicial activities performed on behalf of a college financially supported by New York State (22 NYCRR 100.6[d]).