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Opinion 95

The Commission has been asked whether the Code of Judicial Conduct allows a judge to act as executrix of her grandfather’s will. Rule 3.8(A) provides as follows:

Rule 3.8 Fiduciary Activities

(A) Judges should not serve as fiduciaries, except for the estates, trusts, or persons of members of their families, and then only if such service will not 38 interfere with the proper performance of their judicial duties. As family fiduciaries, judges are subject to the following restrictions.

(B) Judges should not serve if it is likely that as fiduciaries, they will be engaged in proceedings that would ordinarily come before them, or if the estates, trusts, or wards become involved in adversary proceedings in the court on which they serve or one under its appellate jurisdiction.

(C) While acting as fiduciaries, judges are subject to the same restrictions on financial activities that apply to them in their personal capacities. 

Under the terms of the Canon, the answer to the question is yes, subject to the foregoing restrictions set out in the Canon.

[Pertinent Code of Judicial Conduct provisions: Rules 2.2, 3.8(A). Cross reference to other relevant opinions for review: #3, #10, #51, #80.]

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