Opinion 60
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules is 2-3.11 Financial, Business, or Remunerative Activities, Subdivisions (B)(1) & (2).)
Issue:
May a circuit judge who inherits real estate that was previously jointly owned by the decedent and a local bondsman who actively practices his trade in the judge’s circuit retain ownership of the real estate? Secondly, if the judge does retain ownership of his undivided one-half interest in the real ownership of his undivided one-half interest in the real estate may the bondman use that real estate for collateral in posting bonds?
Discussion:
Supreme Court Rule 2, Canon 5C(1) states:
Whether the judge must divest himself of this real estate depends on whether the real estate is developed to the extent of involving the judge in frequent transactions with the co-tenant bondsman. If the transactions are frequent, then the judge should divest himself of the real estate.
If the co-tenant bondsman uses the real estate as collateral for posting bonds, it is the Commission’s opinion that such activity would necessarily require the judge to disqualify himself in any case involving such a bond. Accordingly, it is the Commission’s opinion that the judge would then be obligated to divest himself of the real estate in order to minimize the number of cases in which he is disqualified as required by Supreme Court Rule 2, Canon 5C(2). However, it is the further opinion of the Commission that the judge would have a reasonable time in which to divest himself of the property so that he would not experience serious financial detriment.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 60
Issue:
May a circuit judge who inherits real estate that was previously jointly owned by the decedent and a local bondsman who actively practices his trade in the judge’s circuit retain ownership of the real estate? Secondly, if the judge does retain ownership of his undivided one-half interest in the real ownership of his undivided one-half interest in the real estate may the bondman use that real estate for collateral in posting bonds?
Discussion:
Supreme Court Rule 2, Canon 5C(1) states:
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.
Whether the judge must divest himself of this real estate depends on whether the real estate is developed to the extent of involving the judge in frequent transactions with the co-tenant bondsman. If the transactions are frequent, then the judge should divest himself of the real estate.
If the co-tenant bondsman uses the real estate as collateral for posting bonds, it is the Commission’s opinion that such activity would necessarily require the judge to disqualify himself in any case involving such a bond. Accordingly, it is the Commission’s opinion that the judge would then be obligated to divest himself of the real estate in order to minimize the number of cases in which he is disqualified as required by Supreme Court Rule 2, Canon 5C(2). However, it is the further opinion of the Commission that the judge would have a reasonable time in which to divest himself of the property so that he would not experience serious financial detriment.
(Undated)