Opinion 87-09

Topic:          Acceptance of stipend or payment of stipend to charity, at direction of judge, for judge’s participation as panelist in public forum sponsored by educational institution supported by public monies.

Digest:         A judge may not accept a stipend or direct its payment to a charity for participation as panelist in a public forum sponsored by an educational institution supported by public monies

Rules:          100.6(d)(2)

Opinion:

         A judge asks whether the judge’s participation as a panelist in a public forum sponsored by an educational institution, presuming the judge’s participation otherwise is permitted, for which a stipend is offered, would permit the judge either to accept the stipend or direct that it be paid to a specified charity.

         The judge does not indicate whether the school is financially, in whole or in part, supported by New York State or a political subdivision thereof. However, independent inquiry by the Committee having indicated that the particular school is financially supported to a large extent by the State, the Committee is of the opinion that the judge should neither accept a stipend nor direct its payment to a charity.

         This opinion is advisory only and does not bind either the Office of Court Administration or the Commission on Judicial Conduct.