Ohio Jud. Cond. R. 3.14
Ohio. Jud. Cond. R. 3.14
Comment
[1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Judges are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety of other extrajudicial activity is also permitted and encouraged by this code.
[2] Not infrequently, sponsoring organizations invite certain judges to attend seminars or other events on a fee-waived or partial fee-waived basis, and sometimes include reimbursement for necessary travel, food, lodging, or other incidental expenses. A judge's decision whether to accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection with these or other extrajudicial activities must be based upon an assessment of all the circumstances. The judge must undertake a reasonable inquiry to obtain the information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this code.
[3] A judge must determine whether acceptance of reimbursement or fee waivers would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. The factors that a judge should consider when deciding whether to accept reimbursement or a fee waiver for attendance at a particular activity include:
(a) whether the sponsor is an accredited educational institution or bar association rather than a trade association or a for-profit entity;
(b) whether the funding comes largely from numerous contributors rather than from a single entity and is earmarked for programs with specific content;
(c) whether the content is related or unrelated to the subject matter of litigation pending or impending before the judge, or to matters that are likely to come before the judge;
(d) whether the activity is primarily educational rather than recreational, and whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups;
(e) whether information concerning the activity and its funding sources is available upon inquiry;
(f) whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear in the judge's court, thus possibly requiring disqualification of the judge under Rule 2.11;
(g) whether differing viewpoints are presented;
(h) whether a broad range of judicial and nonjudicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges.
Comparison to Ohio Code of Judicial Conduct
Rule 3.14 is generally comparable to Ohio Canon 2(D). However, the existing prohibition on the acceptance of compensation, expenses, or fee waivers that give the appearance of impropriety is replaced by a standard that looks to whether the acceptance of the compensation, expense, or fee waiver would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. This modification is consistent with the independence, integrity, and impartiality standard used elsewhere in the code.
As is the case with other rules, Rules 3.14(B) and (C) include a reference to "domestic partner."
Comparison to ABA Model Code of Judicial Conduct
Model Rule 3.14(A) is modified in two respects. First, Ohio law contains no exemption for expense reimbursements and fee waivers that a judge receives from his or her employing entity, thus necessitating removal of the exemption that appears in the Model Code. Second, Model Rule 3.14(A) conditions the acceptance of expense reimbursements or fee waivers solely on whether the expenses or charges are associated with the judges' participation in permissible extrajudicial activities. Rule 3.14(A) sets a higher standard by requiring an Ohio judge to consider whether the source of the reimbursement or waiver gives the appearance of influencing the judge or otherwise appears to a reasonable person to undermine the judge's independence, integrity, or impartiality. Rule 3.14(A)(1) applies this standard to expense reimbursements or fee waivers that a judge may receive for any activity permitted by the Code, and not only extrajudicial activities.
Rule 3.14(B) adds language taken from Ohio Canon 2(D)(2) providing that reimbursement in excess of actual cost is compensation and must be publicly reported.