Please Note:
See AO-347 concerning the status of Section 100.4(H)(2).
Rules:
22 NYCRR 100.3(B)(8);
Opinion:
The inquiring full-time judge asks the following question: "May a Supreme
Court Justice receive a $500 honorarium for participation in an out of
town seminar entitled the "Legal Aspects of Divorce for the Pediatrician,"
sponsored by the American Academy of Pediatrics?"
Section 100.4(H)(1)(a) of the Rules Governing Judicial Conduct states:
(a) Compensation shall not exceed a reasonable
Since that sum exceeds $150, it is to be reported to the Clerk of the Court,
as required by section 100.4(H)(2) of the Rules. Further, the judge should
be aware that in participating in the seminar, it is not permissible to
"make any public comment about a pending or impending proceeding in any
court within the United States or its territories." 22 NYCRR 100.3(B)(8).
100.4(H)(1)(a); 100.4(H)(2)
Participation in a seminar dealing with aspects of the law is a permitted
extra-judicial activity, and the Committee has no reason to believe that
the $500 honorarium is excessive. Thus, the judge may accept the honorarium.
(1) Compensation
and Reimbursement. A full-time
judge may receive
compensation and reimbursement
of expenses for the
extra-judicial activities permitted
by this Part, if the
source of such payments does not
give the appearance
of influencing the judge's
performance of judicial
duties or otherwise give the
appearance of impropriety,
subject to the following
restrictions:
amount nor shall it
exceed what a person who is not
a judge would receive
for the same activity.