Comment [3]

Effective January 1, 2026 [3]A judge must assure that acceptance of reimbursement or fee waivers would not appear to a reasonable person to materially impair the judge’s independence, integrity, impartiality, temperament, or fitness to fulfill the duties of judicial office. 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 or recusal 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. (Amended March 12, 2025, effective January 1, 2026.)