Opinion 21-52
May 19, 2021
Please Note:
See AO-347 concerning the status of Section 100.4(H)(2).
Dear : This responds to your inquiry (21-52) asking if you, a full-time judge and a poet
by avocation, may share your poetry at free online creative arts panels, organized by
non-commercial entities (a not-for-profit museum and a state university), and accept
an honorarium from them. The same honorarium is offered to all participating poets
and panelists. We understand these events are not fund-raisers. Section 100.4(H)(1) permits a full-time judge to receive compensation and
reimbursement of expenses for permissible extra-judicial activities, provided it does
not exceed a reasonable amount nor exceed what a person who is not a judge would
receive for the same activity (see 22 NYCRR 100.4[H][1][a]; see also Opinions 16-15;
06-103; 97-56; 94-57). Accordingly, you may share your poetry and may accept the honorarium
offered to all participating poets and panelists, subject to generally applicable
limitations on judicial speech and conduct, including the prohibition on soliciting
funds (see Opinion 16-15). You are reminded that 22 NYCRR 100.4(H)(2) also requires
full-time judges to “report the date, place and nature of any [extra-judicial] activity
for which the judge receive[s] compensation in excess of $150, and the name of the
payor and the amount of compensation” (22 NYCRR 100.4[H][2]). The report “shall
be made at least annually and shall be filed as a public document” to your court's
chief clerk (id.). Enclosed, for your convenience, are Opinions 16-15; 06-103; 97-56 and 94-57
which address this issue. Very truly yours, Margaret T. Walsh Supreme Court Justice Committee Co-Chair Lillian Wan Acting Supreme Court Justice Committee Co-Chair Encl.