Opinion 65
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.1 Extrajudicial Activities in General and Comment 1; and 2 3.12 Compensation for Extrajudicial Activities.)
Issue:
May a judge accept employment to write a treatise on Missouri Probate Law and receive compensation based on the number of volumes sold? The work is question would not be performed during regular office hours.
Discussion:
Supreme Court Rule 2, Canon 4 states:
It is the Commission’s opinion that Supreme Court Rule 2, Canon 4 allows a judge to write a treatise on Missouri Probate Law. Additionally, Canon 6 states: “A judge may receive compensation and reimbursement of expenses for quasi-judicial and extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge in his judicial duties or otherwise give the appearance of impropriety ….” It is the further opinion, therefore, of the Commission that the judge may receive compensation for his services based on the number of volumes sold.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 65
Issue:
May a judge accept employment to write a treatise on Missouri Probate Law and receive compensation based on the number of volumes sold? The work is question would not be performed during regular office hours.
Discussion:
Supreme Court Rule 2, Canon 4 states:
A judge subject to the proper performance of his judicial duties, may engage in the following quasi judicial activities, if in doing so he does not cast doubt on his capacity to decide impartially any issue that may come before him:
A. He may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.
It is the Commission’s opinion that Supreme Court Rule 2, Canon 4 allows a judge to write a treatise on Missouri Probate Law. Additionally, Canon 6 states: “A judge may receive compensation and reimbursement of expenses for quasi-judicial and extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge in his judicial duties or otherwise give the appearance of impropriety ….” It is the further opinion, therefore, of the Commission that the judge may receive compensation for his services based on the number of volumes sold.
(Undated)