Opinion 110
(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 lease real property which he owns or has an interest in to the county in which his is an elected official?
Discussion:
Supreme Court Rule 2, Canon 5C(1) states:
In the opinion of the Commission, the fact that the judge’s property is leased to the county government does not, of itself, violate Canon 5C (1). However, depending on the facts in each case, it is possible that such a business dealing could create an appearance of impropriety if the business dealing reflects an unfair or non-competitive benefit to the judge.
(Dated: January 14, 1985)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 110
Issue:
May a judge lease real property which he owns or has an interest in to the county in which his is an elected official?
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.
In the opinion of the Commission, the fact that the judge’s property is leased to the county government does not, of itself, violate Canon 5C (1). However, depending on the facts in each case, it is possible that such a business dealing could create an appearance of impropriety if the business dealing reflects an unfair or non-competitive benefit to the judge.
(Dated: January 14, 1985)