Opinion 11

A full-time judge who recently took office has requested an opinion from the Commission as to whether he can maintain a real estate broker’s license during his judicial service. He states that he will not conduct any real estate activities as a broker, his name will not appear on the letterhead or on any other written material of any real estate company, and he will not permit his name to be used in any way in connection with any real estate brokerage transaction. He desires to maintain his license because it is possible that after he retires from the bench he might wish to go into the real estate business and, if so, he would not want to be required to take the broker’s examination again.

Under the circumstances set forth above, the Commission does not believe that the mere continuation of a broker’s license would violate the Code of Judicial Conduct, including particularly Rule 3.11(B) and (C).

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.2, 2.4(C), 3.1(C), 3.11(B), 3.11(C), 3.11(D). Cross reference to other relevant opinions for review: #32, #40, #53, #61, #76, #102, #160, #189.]


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