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Opinion 10

Summary: A judge could serve as guardian for elderly aunt in Florida in view of close family relationship and fact that such service would not interfere with proper administration of judicial duties. Issued: February 10, 1977


The Judicial Qualifications Commission has been requested to render an opinion as to whether it would be proper for a Georgia judge to serve as guardian for an elderly aunt in Florida it appearing that for many years the judge had had a close family relationship with his aunt and that his services as guardian would not interfere with the proper performance of his judicial duties.

Inasmuch as the guardianship proceeding would be in the State of Florida there appears almost no possibility that the judge’s ward would become involved in adversary proceedings in any of the superior courts of his circuit or that as guardian he would be engaged in any proceedings that would ordinarily come before him as a judge.

The Commission is of the opinion that under the circumstances above the judge’s services as guardian would not violate the Georgia Code of Judicial Conduct, including particularly Rule 3.8(A).

[Pertinent Code of Judicial Conduct provisions: Rules 2.2 and 3.8(A). Cross reference to other relevant opinions for review: #3, #51, #80, #95.]

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