Colo. Code Jud. Conduct R. 3.14

History

COMMENT [1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Judges are en- couraged 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. Participa- tion in a variety of other extrajudicial activity is also permitted and encouraged by this Code. [2] Not infrequently, sponsoring organiza- tions invite certain judges to attend seminars or other events on a fee-waived or partial-fee- waived basis, and sometimes include reim- bursement 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 ac- tivities 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 assure himself or herself that acceptance of reimbursement or fee waiv- ers 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 reim- bursement 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 spe- cific content; (c) whether the content is related or unre- lated 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 educa- tional rather than recreational, and whether the costs of the event are reasonable and compa- rable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups; (e) whether information concerning the ac- tivity and its funding sources is available upon inquiry; (f) whether the sponsor or source of fund- ing is generally associated with particular par- ties or interests currently appearing or likely to appear in the judge’s court, thus possibly re- quiring disqualification of the judge under Rule 2.11; (g) whether differing viewpoints are pre- sented; 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. Note: Statutory disclosure and reporting requirements are contained in §§ 24-6-202 and -203, C.R.S.