Opinion 15-141

September 23, 2015

Please Note: See AO-347 concerning the status of Section 100.4(H)(2).

Dear :

         This responds to your inquiry (15-141) asking whether you may co-author a treatise on a specialized area of law and accept royalties from the sales of the book.

          The Committee has previously advised that a judge may author, market and collect revenues and royalties based upon the sales of law-related books which they have published. However, any such compensation shall not exceed a reasonable amount or an amount that a person who is not a judge would receive for the same activity (see 22 NYCRR 100.4[H][1][a]). And, a full-time judge must file a report of the date, place and nature of any activity for which the judge received compensation in excess of $150 (see 22 NYCRR 100.4[H][2]).

         Enclosed, for your convenience, are Opinions 10-84 and 13-06 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.