Section 3.14. Reimbursement of Expenses and Waivers of Fees or Charges

(A) Unless otherwise prohibited by Rules 3.1 and 3.13(A) or other law, a magisterial district judge may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar items, from sources other than the magisterial district judge’s employing entity, if the expenses or charges are associated with the magisterial district judge’s participation in extrajudicial activities permitted by these Conduct Rules.

(B) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the magisterial district judge and, when appropriate to the occasion, by the magisterial district judge’s spouse, domestic partner, or guest.

(C) A magisterial district judge who accepts reimbursement of expenses, waivers, partial waivers of fees or charges on behalf of the magisterial district judge or the magisterial district judge’s spouse, domestic partner, or guest shall publicly report such acceptance as required by Rule 3.15.

Comment:

(1) Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Magisterial district judges are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to maintain competence in the law. These Conduct Rules also permit and support participation in a variety of other extrajudicial activity.

(2) Often, sponsoring organizations invite certain magisterial district judges to attend seminars or other events on a fee-waived or partial-fee-waived basis, sometimes including reimbursement for necessary travel, food, lodging, or other incidental expenses. A magisterial district judge’s decision whether to accept reimbursement of expenses or waiver or partial waiver of fees or charges in connection with these or other extrajudicial activities must be based upon an assessment of all the circumstances. The magisterial district judge must reasonably obtain and consider information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of these Conduct Rules.

(3) A magisterial district judge must be confident that acceptance of reimbursement or fee waivers would not reasonably undermine the magisterial district judge’s independence, integrity, or impartiality. The factors that a magisterial district 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 a 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 restricted to programs with specific content;

(c) whether the content is related or unrelated to the subject matter of litigation pending before the magisterial district judge, or to matters that are likely to come before the magisterial district 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 magisterial district judge’s court, thus possibly requiring disqualification of the magisterial district 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 exclusively for judges.