May a judge teach a paid evening evidence course outside court hours?

Plain-English summary

The judge proposed teaching Fundamentals of Evidence at a legal assistance program in the early evening for compensation. The judge said the class would not conflict with normal court hours. Source: Opinion 05-05, p. 1

Citing Rule 21-500(B) and its earlier Opinion 01-08, the committee said judges could teach about the law. Rule 21-500(A) still limited extrajudicial work that impaired impartiality, demeaned the office, or interfered with judicial duties. The committee found no issue with this course if related work was not done at court, during court hours, or with court resources. Source: Opinion 05-05, p. 1

The committee had not been told the pay amount. It said the source and amount could not create an appearance of influence or impropriety, and the pay could not exceed a reasonable amount for comparable work by a nonjudge. The judge also had to report the compensation. Source: Opinion 05-05, p. 2

In practice

The opinion's permission depends on separating teaching from court work and meeting the compensation conditions. It does not assess a specific proposed payment amount, which the judge had not supplied. Source: Opinion 05-05, pp. 1–2

Common questions

Q: Could the judge teach the evidence class in the evening?

A: Yes, under the committee's stated condition that teaching tasks not be performed at court, during court hours, or using court resources. Source: Opinion 05-05, p. 1

Q: Did the committee approve a specific fee?

A: No. It had no amount to review and said pay had to be reasonable and no greater than a nonjudge would receive for comparable teaching. Source: Opinion 05-05, p. 2

Q: Did the opinion address reporting the payment?

A: Yes. The committee said compensation received for the teaching must be reported. Source: Opinion 05-05, p. 2

Background and rules framework

The opinion applied then-current New Mexico Code of Judicial Conduct Rules 21-500(B) and 21-500(A) on legal education and extrajudicial activity, plus Rules 21-600(A) and (B) on outside compensation. It quoted and relied on Advisory Opinion 01-08. Source: Opinion 05-05, pp. 1–2

Citations and references

• New Mexico Code of Judicial Conduct Rules 21-500(B), 21-500(A), 21-600(A), and 21-600(B). Source: Opinion 05-05, pp. 1–2
• Judicial Advisory Opinion No. 01-08, on a judge's paid teaching. Source: Opinion 05-05, pp. 1–2

See also

• NM Judicial Op. 06-01: University Director as Judge Pro Tem
• NM Judicial Op. 07-11: Judge as Radio Host

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 05-05

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. James J. Wechsler, Chair
Hon. Marie A Baca
Hon. Kevin L. Fitzwater
Paul L. Biderman, Esq.
Thaddeus Bejnar, Esq.

August 24, 2005

Re: Judicial Advisory Opinion No. 05-05

Dear Judge

You have asked the Advisory Committee on the Judicial Code of Conduct for an opinion concerning your teaching a class on the Fundamentals of Evidence at the T.V.I. Legal Assistance Program. You advised that you will teach the class in the early evenings, that your duties will not conflict with your regular work hours at the court, and that you will be compensated for your work.

Judicial Advisory Opinion No. 01-08, a copy of which is attached, addresses your request. As stated in that opinion, Rule 21-500(B) NMRA permits a judge to "teach and participate in other extra-judicial activities concerning the law." As further discussed in that opinion, Rule 21-500(A) provides that a judge must conduct the judge's extra- judicial activities so as not to "(1) cast doubt on the judge's capacity to act impartially as a judge; (2) demean the judicial office; (3) interfere with the proper performance of judicial duties; or (4) violate the judge's oath and obligation to uphold the laws and constitutions of the United States and the State of New Mexico." Provided that you do not perform responsibilities related to the teaching at the court, during court hours, or using court resources, the Committee does not believe that the teaching you described raises a problem under Rule 21- 500 (A) .
In Advisory Opinion 01-08, we stated:

Rule 21-600(A) permits a judge to receive compensation for extra- judicial activities which are permitted by the Code of Judicial Conduct. This permission is expressly conditioned upon the requirements that "neither the source nor amount of such [compensation] gives the appearance of influencing the judge's official duties, or otherwise gives the appearance of impropriety."

You have not provided information concerning the amount of compensation you will receive. Rule 21-600 (B) NMRA allows you receive reasonable compensation for your teaching responsibilities in the amount that a non- judge would receive for the same work. As we stated in Advisory Opinion 01-08, we caution "that prior to accepting any compensation, you satisfy yourself that the amount of compensation you are to receive is reasonable and does not exceed the amount that another teacher who is not a judge would receive for comparable teaching responsibilities." In addition, as noted in Opinion 01-08, you must report the compensation you receive. Rule 21-600(B).

Very truly yours,

James J. Wechsler
Chair

JJW:ow

cc:

Hon. Marie A. Baca
Hon. Kevin L. Fitzwater
Paul L. Biderman, Esq.
Thaddeus Bejnar, Esq.