Opinion 25
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.11 Financial, Business, or Remunerative Activities.)
Issue:
May a Judge purchase real estate and then sell rock from that real estate to the State or County Highway Departments when these departments appear frequently as parties in litigation before the Judge.
Discussion:
Supreme Court Rule 2, Canon 5 (C)(1) states:
It is the opinion of the Commission on Retirement, Removal and Discipline that a judge should not be involved in selling rock to the State or County Departments when those departments frequently appear before him as parties to litigation. Such business dealings would tend to reflect adversely on his impartiality and would, therefore, interfere with the proper performance of his judicial duties.
(Dated: September 21, 1979)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 25
OPINION 25
Issue:
May a Judge purchase real estate and then sell rock from that real estate to the State or County Highway Departments when these departments appear frequently as parties in litigation before the Judge.
Discussion:
Supreme Court Rule 2, Canon 5 (C)(1) states:
“(1) A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, exploit his judicial position, or involve him in frequent transactions with lawyers or persons likely to come before the court on which he serves.”
It is the opinion of the Commission on Retirement, Removal and Discipline that a judge should not be involved in selling rock to the State or County Departments when those departments frequently appear before him as parties to litigation. Such business dealings would tend to reflect adversely on his impartiality and would, therefore, interfere with the proper performance of his judicial duties.
(Dated: September 21, 1979)