Opinion 95-145

December 14, 1995

Digest:         A Supreme Court justice may co-author a law book with an attorney and may profit from the publication.

Rules:          22 NYCRR 100.4(a),100.6(a)

Opinion:

         A Supreme Court justice inquires whether a judge may co-author a law book with an attorney and whether the judge may profit from its publication. The judge advises that the book would be used as a reference tool by the legal community.

         Sections 100.4 (a) and 100.6 (a) of the Rules of the Chief Administrator of the Courts permit a judge to receive reasonable compensation for writing on subjects concerning the law, the legal system, and the administration of justice. There is no prohibition against collaboration with a co-author even though he/she may be a member of the bar. Therefore, it is the opinion of the Committee that the judge ethically may profit from the publication of the legal work, (see Opinion 93-37, Vol. XI).