Can a judge be paid to teach law courses at a college or university?

Currency note

The Board withdrew this opinion by Opinion 2021-11 on December 10, 2021. It issued in 1989 under Ohio's former Code of Judicial Conduct (superseded by the Ohio Code of Judicial Conduct effective March 1, 2009), with Canons 1 through 6 amended effective May 1, 1997. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct and Article IV §6 of the Ohio Constitution before relying on any specific rule mentioned here.

Plain-English summary

The Board addressed several requests on whether a judge may accept compensation for teaching law courses at colleges and universities. It explained that Canon 4A allows a judge to teach courses concerning the law, the legal system, and the administration of justice, and that the drafters thought judges can contribute significantly to legal education and may commend the present law or propose reform without compromising impartiality.

The Board concluded teaching is not, by itself, a violation, but cautioned that Canon 5C encourages judges to refrain from dealings that reflect adversely on impartiality and to avoid activities that interfere with judicial duties, which take precedence (Canon 3). On compensation, it applied Canon 6: a judge may be paid and reimbursed for permitted activities if the payment source does not give the appearance of influence or impropriety, the amount does not exceed a reasonable amount or what a non-judge would receive, and the judge reports it. It concluded a judge may teach legal courses and receive reasonable compensation, but must avoid teaching that would likely lead to disqualification or impair impartiality, and noted it did not address statutory or constitutional provisions, including Article IV §6 of the Ohio Constitution.

Common questions

Q: Can a judge teach at a law school or university?

A: Under this opinion, yes. The Board concluded Canon 4A permits a judge to teach courses on the law, the legal system, and the administration of justice.

Q: Can the judge be paid?

A: Yes, reasonably. The Board concluded Canon 6 permits reasonable compensation if the payment source does not give the appearance of influence or impropriety, with the judge reporting it.

Background and rules framework

The opinion interprets Ohio's former Code of Judicial Conduct, Canon 4A (teaching on the law), Canon 5C (financial and business dealings), Canon 3 (precedence of judicial duties), and Canon 6 (compensation and reporting).

Citations and references

Rules of Judicial Conduct (Ohio):

• Former Code of Judicial Conduct, Canon 4A; Canon 5C; Canon 3; Canon 6

Other authorities cited:

• Thode, Reporter's Notes to the Code of Judicial Conduct, 74-75 (1973)

See also

• Ohio BPC Opinion 1989-021: Judge Paid for Writing Legal Articles
• Ohio BPC Opinion 1986-002: Judge Teaching a University Class
• Ohio BPC Opinion 1987-008: Judge Writing a Book Foreword

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-028.pdf

Original opinion text

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

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 89-28
Issued August 18, 1989

[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]

[Not Current- subsequent rule amendments to Canons 1 through 6, Ohio Code of Judicial Conduct, eff. May 1, 1997 and to Chapter 102, Ohio Revised Code (See Op. 94-12)]

SYLLABUS: A judge is permitted under Canon 4A of the Code of Judicial Conduct to teach courses concerning the law, the legal system, and the administration of justice. A judge may receive compensation for such an activity provided the source of such payment does not give the appearance of influencing the judge or otherwise give the appearance of impropriety. Moreover, the amount of compensation should not exceed a reasonable amount nor exceed what someone who is not a judge would receive for the same activity. This opinion does not address any statutory or constitutional provisions which may apply, including Art. IV §6 of the Ohio constitution.

OPINION: We have before us several requests for advisory opinions on whether a judge may accept compensation for teaching courses at colleges and universities in various areas of the law.

Canon 4A of the Code of Judicial Conduct allows a judge to teach courses concerning the law, the, legal system, and the administration of justice. The drafters of the Code felt that judges can contribute significantly to legal education. Thode, Reporter's Notes to Code of Judicial Conduct, 75 (1973). Without compromising the judge's capacity to decide an issue impartially, a judge may commend the present law or propose legal reform. Id. at 74.

In our view, teaching is not, in and of itself, a violation of any specific Code provision. However, Canon 5C encourages judges to refrain from financial and business dealings that tend to reflect adversely on the judges' impartiality. Furthermore, judges should not engage in quasi-judicial or extra-judicial activities which interfere with the proper performance of their judicial duties. Code of Judicial Conduct, Canon 5C. In addition, the judicial duties of a judge should take precedence over all other activities. Code of Judicial Conduct, Canon 3.

Canon 6 applies to the issue of whether a judge may receive compensation for teaching. A judge may receive compensation and reimbursement of expenses for the quasi-judicial activities permitted under the Code provided the source of such payment does not give the appearance of influencing the judge in his or her judicial duties or otherwise give the appearance of impropriety. The amount of compensation should not exceed a reasonable amount nor exceed what someone who is not a judge would receive for the same activity. Code of Judicial Conduct, Canon 6. A judge who receives such compensation should report it as required under Canon 6.

In conclusion, it is our opinion and you are so advised that a judge may teach courses on legal topics. However, the judge must avoid teaching at a college or university which would likely lead to the judge's disqualification or impair the judge's impartiality. A judge may receive reasonable compensation for the activity provided the payment does not give the appearance of influencing the judge or any appearance of impropriety.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Judicial Conduct. This opinion does not address any statutory or constitutional provisions which may apply including Art. IV §6 of the Ohio constitution.