Opinion 87
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.8 Appointments to Fiduciary Positions, Subdivisions (A), (B), and (C).)
Issue:
May a judge serve as a fiduciary with a power of attorney for a former relative by marriage and that relative’s spouse? The couple in question and the judge maintain a close friendship.
Discussion:
Supreme Court Rule 2, Canon 5D states:
In the Opinion of the Commission on Retirement, Removal and Discipline, whether a judge can act as a fiduciary for a close friend depends on whether that friend is a “person with whom the judge maintains a close familial relationship.” Black’s Law Dictionary defines “familia” as “a household” and further defines a “household” as “those who dwell under the same roof and compose a family.” Accordingly, in order for the judge to serve as a fiduciary for a close friend, it is necessary that an additional relationship exist. That relationship should involve dwelling under the same roof as a family unit. Unless this special relationship exists, the judge should not serve as fiduciary.
(Dated: October 27, 1982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 87
Issue:
May a judge serve as a fiduciary with a power of attorney for a former relative by marriage and that relative’s spouse? The couple in question and the judge maintain a close friendship.
Discussion:
Supreme Court Rule 2, Canon 5D states:
A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of his family and then only if such service will not interfere with the proper performance of his judicial duties. ‘Member of his family’ includes a spouse, includes a spouse, child, grandchild, parent, grand-parent, or other relative or person with whom the judge maintains a close familial relationship. As a family fiduciary a judge is subject to the following restrictions:
(1) He should not serve if it is likely that as a fiduciary he will be engaged in proceedings that would ordinary come before him, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which he serves or one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to him in his personal capacity.
(2) While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to him in his personal capacity.
In the Opinion of the Commission on Retirement, Removal and Discipline, whether a judge can act as a fiduciary for a close friend depends on whether that friend is a “person with whom the judge maintains a close familial relationship.” Black’s Law Dictionary defines “familia” as “a household” and further defines a “household” as “those who dwell under the same roof and compose a family.” Accordingly, in order for the judge to serve as a fiduciary for a close friend, it is necessary that an additional relationship exist. That relationship should involve dwelling under the same roof as a family unit. Unless this special relationship exists, the judge should not serve as fiduciary.
(Dated: October 27, 1982)