Opinion 95-78

June 8, 1995

Citation Note: The rules were significantly revised and renumbered in 1996. As relevant here, former Section 100.5(d) was replaced by Section 100.3(E)(1) and former Section 100.6 was replaced by Section 100.4(H). In addition, see AO-347 concerning the status of the Part 100 reporting requirement.

Digest:         A full-time judge serving as a fiduciary of a non-family member trust, pursuant to permission granted by the Chief Administrator of the Courts, may receive compensation for such extra-judicial activities.

Rule:            22 NYCRR 100.5(d); 100.6

Opinion:

         A full-time judge who is serving as a fiduciary of a non-family member trust pursuant to the approval granted to the judge by the Chief Administrator of the Courts (see NYCRR 100.5[d]) inquires whether he/she may receive compensation as set forth in 22 NYCRR 100.6. The latter provision states, in part, that "a judge may receive compensation ... for the ... extrajudicial activities permitted [pursuant to the Rules of the Chief Administrator of the Courts] if the source of such payments does not give the appearance of influencing the judge in the performance of judicial duties or otherwise give the appearance of impropriety subject to the ... restrictions [set forth in subdivisions (a),(b), (c), and (d)]."

         The facts sets forth in the inquiry furnish no basis upon which to conclude that there would be any appearance of impropriety with respect to the judge's receipt of compensation. The Committee therefore concludes that the judge may receive compensation for his/her services, subject to the reporting requirement, and to all other limitations set forth in 22 NYCRR 100.6.