Opinion
September 21, 2000
By formal action at its annual meeting, the Arkansas Judicial Council brought to the Court's attention that there is presently confusion among the judges of the state as to the meaning of the term "compensation" for reporting under Canon 4 (H) (2) of the Arkansas Code of Judicial Conduct and requested clarification of the term. We have reviewed the provision and the information furnished by the Arkansas Judicial Council and agree that clarification is needed as to what constitutes "compensation" for purposes of public reporting under the Code.
In order to clarify the reporting requirements imposed by Canon 4 (H), the following language shall be added to the end of the Commentary: "Compensation for purposes of public reporting includes compensation received for quasi-judicial and extra-judicial activities permitted by the Code, including compensation received for speaking, writing, lecturing, teaching, and similar activities. As has been the recognized interpretation given this Code for twenty-six years, compensation for purposes of public reporting does not include income from investments or from business activities as permitted by Canon 4 (D) (2) and 4 (D) (3)."
The Commentary to Canon 4 (H) is hereby amended, effective immediately, and Canon 4 (H) and its Commentary are republished in their entirety.
ARKANSAS CODE OF JUDICIAL CONDUCT. Canon 4.
. . .
H. Compensation, Reimbursement and Reporting.
(1) Compensation and Reimbursement. A judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the judge's performance of judicial duties or otherwise give the appearance of impropriety.
(a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activity.
(b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse or guest. Any payment in excess of such an amount is compensation.
(2) Public Reports. A judge shall report the date, place and nature of any activity for which the judge received compensation, and the name of the payor and the amount of compensation so received. The judge's report shall be made at least annually and shall be filed as a public document in the office of the Clerk of the Supreme Court.
Commentary:
See Section 4D(5) regarding reporting of gifts, bequests and loans.
The Code does not prohibit a judge from accepting honoraria or speaking fees provided that the compensation is reasonable and commensurate with the task performed. A judge should ensure, however, that no conflicts are created by the arrangement. A judge must not appear to trade on the judicial position for personal advantage. Nor should a judge spend significant time away from court duties to meet speaking or writing commitments for compensation. In addition, the source of the payment must not raise any question of undue influence or the judge's ability or willingness to be impartial.
Compensation for purposes of public reporting includes compensation received for quasi-judicial and extra-judicial activities permitted by the Code, including compensation received for speaking, writing, lecturing, teaching, and similar activities. As has been the recognized interpretation given this Code for twenty-six years, compensation for purposes of public reporting does not include income from investments or from business activities as permitted by Canon 4 (D) (2) and 4 (D) (3).