March 30, 2009
Dear Justice :
This responds to your inquiry (09-73) in which you ask whether it is ethically permissible to teach an ethics course at a private, not-for-profit university’s school of law for compensation.
Pursuant to the Rules Governing Judicial Conduct, a judge may
receive compensation for extra-judicial activities, including teaching at a private, not-for-profit university, subject to certain restrictions not applicable here (see 22 NYCRR 100.4[H][c]).
Enclosed, for your convenience, are Opinions 98-67 and 92-05 which address this issue. Please note that rule 100.6(d)(2) cited in Opinion 92-05 has been replaced by rule 100.4(H)(1)(c)(2).
Very truly yours,
George D. Marlow
Justice of the Supreme Court