A judge may accept compensation for extrajudicial activities permitted by law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. The compensation shall be reasonable and commensurate to the task performed.
Ohio. Jud. Cond. R. 3.12
Comment
[1] Unless otherwise prohibited by law, a judge is permitted to accept compensation for extrajudicial activities. The judge should be mindful, however, that judicial duties must take precedence over other activities. See Rule 2.1.
[1A] A judge is prohibited by R.C. 102.03(H) from receiving an honorarium, including any payment made in consideration for a speech given, article published, or attendance at a public or private conference, convention, meeting, social event, meals, or similar gathering. See R.C. 102.01(H).
[1B] Compensation for an extrajudicial activity shall not exceed a reasonable amount or what a person who is not a judge would receive for the same activity.
[2] Compensation derived from extrajudicial activities is subject to public reporting. See Rule 3.15.
Comparison to Ohio Code of Judicial Conduct
Rule 3.12 corresponds to Ohio Canon 2(D), except that the receipt of compensation for extrajudicial activities is permitted only where such receipt would not "appear to a reasonable person to undermine the judge's independence, integrity or impartiality." Receipt of compensation under Ohio Canon 2(D) is prohibited where "the source of the compensation * * * give[s] the appearance of influencing the judge in his or her judicial duties or otherwise give[s] the appearance of impropriety." The new standard gives clearer and more objective guidance to judges and is consistent with the standard used elsewhere in the Model Code.
Reimbursement of expenses, which is included in Ohio Canon 2(D), is now addressed in Rule 3.14.
Comment [1] makes it clear that any extrajudicial activities must not take precedence over the judge's judicial duties.
Comment [1A] corresponds to the referenced statutory prohibitions against the solicitation or receipt of honorarium by public officials. Comment [1B] reflects the pronouncement in current Canon 2(D)(1) that the compensation "shall not exceed a reasonable amount or what a person who is not a judge would receive for the same act."
Comparison to ABA Model Code of Judicial Conduct
Rule 3.12 is modified to incorporate in the black-letter the standard of "reasonable and commensurate" found in the comments to Model Rule 3.12. Comment [1] is modified remove the list of specific types of compensation and extrajudicial activities, and Comment [1A] is added to reflect the statutory ban on the solicitation or receipt of honorarium. See R.C. 102.03(H). Comment [1B] is added from Ohio Canon 2(D)(1).