Opinion 10-46

March 25, 2010

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

Hon.

Dear Justice:

            This responds to your inquiry (10-46) asking whether you may accept an invitation to be a Fellow in residence at an undergraduate dormitory of your college alma mater. You indicate that you will receive an honorarium for the fellowship, meals will be provided and travel expenses covered. In addition, you plan to take annual leave for the proposed period of stay and the preparation for your talks will take place after business hours. Moreover, you will not comment on any pending or impending case or in any way indicate a predisposition to decide a case in a particular way.

         Based on the information provided, there is no ethical prohibition to your accepting the invitation. However, you should be aware that 22NYCRR 100.4(H)(2) mandates certain reporting obligations for extra-judicial compensation in excess of $150.00.

         Enclosed, for your convenience, are Opinions 06-103; 98-36 and 97-56, which address this issue.

Very truly yours,

George D. Marlow, Associate Justice,
Appellate Division, First Department (Ret.)
Committee Chair

Encls.