Vt. Admin. Ord. Of. Sup. Ct. 3.12

As amended through November 4, 2024
Rule 3.12 - Compensation for Extrajudicial Activities

A judge may accept reasonable compensation or income for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.

Vt. Admin. Ord. Of. Sup. Ct. 3.12

Amended August 6, 2019, eff. 10/7/2019.

Comment

[1] A judge is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities, provided the compensation is reasonable and commensurate with the task performed. The judge should be mindful, however, that judicial duties must take precedence over other activities. See Rule 2.1.

[2] Compensation derived from extrajudicial activities may be subject to public reporting. See Rule 3.15.

Reporter's Notes

Rule 3.12 is derived from the provisions of Vermont Code 1994, Canon 4H(1), covering compensation. "Income" has been added to Rule 3.12 in light of the requirement for reporting income (including rental income) added to former Canon 4H(2) by amendment effective December 18, 2017. The provisions of Canon 4H(1) covering reimbursement are now grouped in Rule 3.14. The phrase "reasonable compensation or income" in the text of the rule replaces the provision of Canon 4H(1), referring to what a nonjudge would receive for similar activity, since a judge might be applying professional skills in an extra-judicial role, and the phrase "undermine the judge's independence, integrity, and impartiality" is included consistent with its use in Rule 1.2 and other places in Vermont Code 2019. Compensation received under Rule 3.12 is subject to public reporting under Rule 3.15(A)(1).

New Comment [2] reflects the facts that reporting of compensation, formerly covered in Canon 4H(2), is now covered in Rule 3.15. See ABA Reporter's Explanation 131-33.