Vt. Admin. Ord. Of. Sup. Ct. 3.14
Vt. Admin. Ord. Of. Sup. Ct. 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 on 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 assure himself or herself that acceptance of reimbursement or fee waivers would not 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; and
(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.
Reporter's Notes
Rule 3.14 covers provisions for reimbursement of expenses for extrajudicial activities, formerly grouped with compensation for extrajudicial activities in Vermont Code 1994, Canon 4H(1). Compensation is now covered separately in Rule 3.12. Rule 3.14(A) includes waivers of fees and charges as a form of reimbursement. It makes clear that reimbursement must meet the overriding tests of Rules 3.1 and 3.13(A) that reimbursement not undermine judicial "independence, integrity, or impartiality." Rule 3.14(B) adds "domestic partner" to the list of those other than the judge whose expenses may be reimbursed. Rule 3.14(C) makes clear that Rule 3.15(A)(3) applies to reporting of reimbursements. See ABA Reporter's Explanation 137-39.
New Comment [1] explains the rationale for allowing reimbursement for attendance at educational and other extrajudicial activities. New Comments [2] and [3] provide guidance to judges in determining whether or not to accept reimbursement or waiver of fees for particular events. See ABA Reporter's Explanation 139.