Rule 3.8 Appointments to Fiduciary Positions
Canon 3: A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial duties
Rule Text
(A) A judge should not serve as the executor, administrator, trustee, guardian or other fiduciary, except for the estate, trust, or person of a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties.
Comment:
Mere residence in the household of a judge is insufficient for a person to be considered a member of the judge's family for the purposes of this Rule. The person must be treated by the judge as a member of the judge's family.
(B) As a family fiduciary, a judge is subject to the following restrictions:
(1) The judge should not serve if it is likely that as a fiduciary the judge will be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to the judge in his or her personal capacity.
Comment:
A judge's obligation under this Rule and the judge's obligation as a fiduciary may come into conflict. For example, a judge should resign as trustee if it would result in detriment to the trust to divest it of holdings whose retention would place the judge in violation of Rule 3.8(B)(1).