Opinion 91-112

October 31, 1991

Citation Note: The rules were significantly revised and renumbered in 1996. For example, former Section 100.6 was replaced by Section 100.4(H).

Please Note: See AO-347 concerning the status of Section 100.4(H)(2), which superseded former Section 100.6(c).

Digest:         A judge may accept compensation and reimbursement of expenses incurred while lecturing at a Veterans Administration hospital.

Rules:          22 NYCRR 100.6.

Opinion:

         A judge asks whether the judge may accept a $300.00 check for a lecture concerning the criminal courts conducted at a Veterans Administration hospital (not a state-supported institution. Cf. 100.6[d]). The lecture was given as part of the hospital’s continuing educational program. The check is to compensate the judge for the time and effort spent in preparing and delivering the lecture, as well as for reimbursement of any expenses incurred.

         Section 100.6(a) of the Rules of the Chief Administrator of the Courts provides that a judge may receive compensation for extra-judicial activities, provided that such compensation is reasonable and does not exceed what a person who is not a judge would receive for the same activity. Section 100.6(b) further provides that a judge may receive reimbursement for such activities provided it is limited to the actual cost of travel, food and lodging reasonably incurred by the judge. Accordingly, the judge may accept the $300.00 check, but must report the compensation. (See section 100.6(c) of the Rules.)