Ohio Board Advisory Opinion Op. 21-11

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2021-11
Issued December 10, 2021
Withdraws Adv. Ops. 1986-02, 1989-28, 1994-12, 1995-9
Extrajudicial Activities of Teaching and Speaking
SYLLABUS: A judge may teach a course, accept a speaking engagement, or teach a
continuing education course. A judge may accept compensation and reimbursement of
expenses for teaching. A judge may accept reimbursement of expenses but not
compensation for speaking engagements.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
PATRICIA A. WISE
CHAIR
RICHARD A. DOVE
DIRECTOR
HON. D. CHRIS COOK
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL
OPINION 2021-11
Issued December 10, 2021
Withdraws Adv. Ops. 1986-02, 1989-28, 1994-12, 1995-9
Extrajudicial Activities of Teaching and Speaking
SYLLABUS: A judge may teach a course, accept a speaking engagement, or teach a
continuing education course. A judge may accept compensation and reimbursement of
expenses for teaching. A judge may accept reimbursement of expenses but not
compensation for speaking engagements.
QUESTIONS PRESENTED:
1. Whether a judge may teach a course at public or private college or university
and receive compensation and reimbursement for expenses.
2. Whether a judge may teach a continuing legal education (CLE) course and
receive compensation and reimbursement for expenses.
3. Whether a judge may give a motivational speech and receive compensation
and reimbursement for expenses.
APPLICABLE RULES: Jud.Cond.R. 1.2, 2.1, 2.10, 2.11, 3.1, 3.11, 3.12, 3.14, 3.15
OPINION:
Judges are encouraged and uniquely qualified to participate in extrajudicial
activities that concern the law, the legal system, and the administration of justice. A
judge’s participation “helps integrate judges into their communities and furthers public
understanding of and respect for courts and the judicial system.” Jud.Cond.R. 3.1, cmt.[2].

Op. 2021-11 2
Teaching a CLE, teaching a class at a state college or university, either public or private,
or accepting speaking engagements is permissible under the Code of Judicial Conduct
when time permits, judicial independence, integrity, and impartiality are not
compromised, and the judge complies with all applicable provisions of the Code.
Jud.Cond.R. 3.1., cmt. [1], 3.11(B)(3). The Code of Judicial conduct does not limit a judge
to speaking or teaching on topics pertaining only to the law, the legal system, or the
administration of justice.
Precedence of Official Duties
Engagement in an extrajudicial activity like teaching or speaking requires a judge
to give precedence to his or her official judicial duties. Jud.Cond.R. 2.1. Consequently, a
judge should not accept an opportunity to teach or an invitation to speak if the activity
will interfere with the regular performance of the judge’s official duties. For instance, a
judge’s teaching schedule should not create conflicts with the judge’s daily docket or
administrative schedule. The judge must also avoid the appearance that he or she is
devoting a significant amount of time to teaching or speaking as an extrajudicial activity.
Maintaining Judicial Impartiality
A judge’s teaching or speaking activities should not appear to a reasonable person
to undermine the judge’s impartiality. Jud.Cond.R. 1.2. The subject matter and the
audience should be considered before a judge accepts an offer to teach or speak. For
example, a judge may teach a CLE on OMVI and criminal domestic violence laws and
procedures, but should not teach a course on how to defend an OMVI case or how to best
prosecute a domestic violence case. Such conduct would raise questions about the
judge’s impartiality when presiding over cases involving the same issues. S.C. Adv.
Comm. Op. 22-2006, Neb. Jud. Ethics Op. 06-04.
Commenting on Impending or Pending Matters
When accepting teaching or speaking opportunities a judge must be careful to
avoid areas concerning pending or impending cases as part of the offered subject matter.
A judge is specifically prohibited from making statements about cases that might affect
the outcome or impair the fairness of pending or impending cases. Jud.Cond.R. 2.10. On

Op. 2021-11 3
the other hand, a judge may speak generally about the law, the legal system, the
administration of justice, court procedures, and his or her role as a judge.
Frequent Disqualification When Teaching
A judge must avoid participation in extrajudicial activities that would lead to the
judge’s frequent disqualification. Jud.Cond.R. 3.1. Frequent disqualification in the
context of teaching may arise when a college or university that employs the judge
regularly appears as a party in his or her court. In such a situation, a judge must examine
whether he or she can be fair and impartial or harbors any bias or prejudice toward his
or her employer. Jud.Cond.R. 2.11. In those situations where a reasonable person may
question the impartiality of the judge, a waiver of disqualification may be sought.
Jud.Cond.R. 2.11(C). If a judge possesses personal bias or prejudice in a matter
concerning the entity where the judge teaches, waiver of disqualification is not available,
and the judge must recuse from the matter. In the latter situation, a judge’s frequent
disqualification would require the judge to forego the teaching opportunity.
Compensation for Teaching
A judge may receive compensation for engaging in the extrajudicial activity of
teaching a CLE or college or university course. The compensation must be reasonable
and proportionate to the teaching duties performed. More specifically, the compensation
must not exceed that what someone who is not a judge would receive for the same
activity. Jud.Cond.R. 3.12, cmt. [1B]. Jud.Cond.R. 3.12. In addition, the source and
amount of the compensation must not appear to a reasonable person to undermine the
judge’s independence, integrity, or impartiality. Id. Compensation for teaching is not
considered an “honorarium” otherwise prohibited under the Ohio Ethics Code,
discussed supra, nor is a teaching position at a public institution considered the holding
of an additional office of profit or trust prohibited under Ohio Const. Art. IV, §6(B). See
State ex rel Bricker v. Gessner, 129 Ohio St. 290, 195 N.E. 63 (1995).
Compensation for Speaking
Judges are public officials subject to the Ohio Ethics Law. R.C. §102.01(B). Public
officials who file financial disclosure statements are prohibited under the Ohio Ethics
Law from accepting an honorarium. R.C. §102.03(H)(1). Jud.Cond.R. 3.12, cmt. [1A]. An

Op. 2021-11 4
“honorarium” is defined as “any payment made in consideration for any speech given,
article published, or attendance at any public or private conference, convention, meeting,
social event, meal, or similar gathering.” R.C. §102.01(H). The Ohio Ethics Commission
has explained that the activities listed in the definition of “honorarium” are typically
applied to isolated or one-time events. Oh. Ethics Comm. Staff Letter (Thomas), March
16, 2015. Consequently, the Board concludes that motivational speeches fall into the
statutory category of “any speech given” and therefore a judge may not receive
compensation for a motivational speech, or any other speech, under the Ohio Ethics Law.
Reimbursement of Expenses for Teaching or Speaking
Reimbursement of expenses related to teaching or speaking, such as travel, food,
or lodging, must be limited to the actual costs incurred by the judge and cannot give the
appearance of influence the judge’s judicial duties or appear to a reasonable person to
undermine the judge’s independence, integrity, or impartiality. Jud.Cond.R. 3.14. Before
accepting a reimbursement for expenses, a judge should consider the enumerated factors
set forth in Jud.Cond.R. 3.14, cmt. [3]. Reimbursement of expenses of public officials is
permitted by R.C. 102.03(H)(1).
A judge is required to report any compensation received for teaching and
reimbursement of expenses for teaching and speaking on the annual financial disclosure
statement required to be filed under Jud.Cond.R. 3.15. Jud.Cond.R. 3.12, cmt. [2].