May a sitting judge voluntarily give paid oil-and-gas expert testimony in another state?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A Nebraska judge taught oil and gas law and was asked by a former student to give paid expert testimony in an Alaska trial. The proposed expertise arose from teaching rather than judicial work.
The Committee answered no to voluntary expert service. It treated voluntary expert testimony as inconsistent with the Code’s protections against lending judicial prestige and compromising public confidence.
Compelled testimony was different. The Committee permitted it if the judge discouraged the subpoena, did not volunteer judicial status while testifying, considered the demands on judicial duties and the lawyers and court involved, and followed the compensation rule.
Currency note
This opinion was issued in 1993, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.
Common questions
Q: Could the judge volunteer as a paid expert?
A: No. The Committee expressly rejected voluntary expert testimony.
Q: Could the judge testify if subpoenaed?
A: Yes, under the conditions the opinion listed for compelled testimony.
Q: Did the source of the judge’s expertise change the answer?
A: No. The judge’s knowledge came from teaching, but the Committee still rejected voluntary expert service.
Background and rules framework
The opinion applied former Nebraska Canons 2, 4A, 4D, and 4H. It distinguished voluntary service from compelled testimony and addressed judicial prestige, impartiality, duties, and compensation.
Citations and references
Former Nebraska Code of Judicial Conduct: Canons 2A, 2B, 4A, 4D, and 4H.
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 93-1
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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