121021 OHEO, ETH 2021-11

• Case Date: December 10, 2021
• Court: Ohio

ETH 2021-11 OPINION 2021-11 Ohio Board of Professional Conduct December 10, 2021          Withdraws Adv. Ops. 1986-02, 1989-28, 1994-12, 1995-9           D. Allan Asbury, Senior Counsel           Kristi R. McAnaul, Counsel           Hon. D. Chris Cook, Vice- Chair           Richard A. Dove, Director           Patricia A. Wise, Chair          Extrajudicial Activities of Teaching and Speaking          SYLLABUS: A judge may teach a course, accept a speaking engagement, or teach a continuing education course. A judge may accept compensation and reimbursement of expenses for teaching. A judge may accept reimbursement of expenses but not compensation for speaking engagements.          QUESTIONS PRESENTED:

1. Whether a judge may teach a course at public or private college or university and receive compensation and reimbursement for expenses.

2. Whether a judge may teach a continuing legal education (CLE) course and receive compensation and reimbursement for expenses.

3. Whether a judge may give a motivational speech and receive compensation and reimbursement for expenses.

         APPLICABLE RULES: Jud.Cond.R. 1.2, 2.1, 2.10, 2.11, 3.1, 3.11, 3.12, 3.14, 3.15          OPINION:          Judges are encouraged and uniquely qualified to participate in extrajudicial activities that concern the law, the legal system, and the administration of justice. A judge’s participation “helps integrate judges into their communities and furthers public understanding of and respect for courts and the judicial system.” Jud.Cond.R. 3.1, cmt.[2]. Teaching a CLE, teaching a class at a state college or university, either public or private, or accepting speaking engagements is permissible under the Code of Judicial Conduct when time permits, judicial independence, integrity, and impartiality are not compromised, and the judge complies with all applicable provisions of the Code. Jud.Cond.R. 3.1., cmt. [1], 3.11(B)(3). The Code of Judicial conduct does not limit a judge to speaking or teaching on topics pertaining only to the law, the...