Standard 2(G) Service as a fiduciary

1. A judge may serve as executor, administrator, or other personal representative, trustee, guardian, attorney in fact, or other fiduciary for the estate, trust, or person of a member of the judge’s family or a non-family member who lives with the judge or for whom the judge has an existing relationship as a caregiver or caretaker; provided, however, that a judge may not serve as a fiduciary if it is likely that as a fiduciary the judge will be engaged in litigation in any courts of the Commonwealth.

2. The same restrictions on financial activities that apply to a judge personally also apply to the judge while acting in a fiduciary capacity.

3. The restrictions imposed by this standard may conflict with the judge’s obligation as a fiduciary, thereby necessitating the judge’s resignation as fiduciary.

4. This section does not apply to all judges as set forth in Exceptions to Applicability 3 and 4.

5. The following illustration is an example of a circumstance in which a judge should resign as fiduciary under these standards: A judge should resign as trustee if detriment to the trust would result from divestiture of holdings the retention of which would place the judge in violation of any of these Canons.