Rule 3.8 Appointments to Fiduciary Positions
Canon 3. A Judge Shall Conduct the Judge’s Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Duties of Judicial Office
Rule Text
(a) A judge shall not accept appointment to serve in a fiduciary* position, such as executor, administrator, trustee, conservator, guardian, attorney-in-fact, or other personal representative, 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 the duties of judicial office.
Code Comparison
The Hawaiʻi Revised Code of Judicial Conduct modifies ABA Model Code Rule 3.8(A) by adding conservator.
(b) A judge shall not serve in a fiduciary* position if the judge, as fiduciary,* will likely 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.
(c) A judge acting in a fiduciary* capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally.
(d) If a person who is serving in a fiduciary* position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after being sworn into judicial office.