Opinion 124
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.8 Appointments to Fiduciary Positions, Subdivision (A); and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).)
Issue:
May a judge serve as a trustee to an educational trust created by an individual for worthwhile students selected by the trustee? The trust in question announces this singular educational purpose and has no alternative purpose. Secondly, may the judge receive a trustee’s fee?
Discussion:
Supreme Court Rule 2, Canon 5D states:
Additionally, Supreme Court Rule 2, Canon 5B states:
In the opinion of the Commission on Retirement, Removal and Discipline, a trust created by an individual which has a sole educational purpose is an organization under Canon 5B. As a result, the judge may serve as trustee for the educational trust so long as the trust is not likely to be engaged in proceedings before the judge. Also the judge should not solicit funds or give investment advice during his service as trustee. In the Commission’s opinion, the Canon 5D restriction against judicial service as trustee except for family members does not apply to civic and charitable activities.
Finally, in the opinion of the Commission on Retirement, Removal and Discipline the judge should not receive a fee for his service as trustee for an educational trust for the reason that the fee would defeat the charitable characterization of the judge’s service.
(Dated: May 12, 1986)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 124
Issue:
May a judge serve as a trustee to an educational trust created by an individual for worthwhile students selected by the trustee? The trust in question announces this singular educational purpose and has no alternative purpose. Secondly, may the judge receive a trustee’s fee?
Discussion:
Supreme Court Rule 2, Canon 5D states:
A judge should not serve as the ... trustee … 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.
Additionally, Supreme Court Rule 2, Canon 5B states:
A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members ...
In the opinion of the Commission on Retirement, Removal and Discipline, a trust created by an individual which has a sole educational purpose is an organization under Canon 5B. As a result, the judge may serve as trustee for the educational trust so long as the trust is not likely to be engaged in proceedings before the judge. Also the judge should not solicit funds or give investment advice during his service as trustee. In the Commission’s opinion, the Canon 5D restriction against judicial service as trustee except for family members does not apply to civic and charitable activities.
Finally, in the opinion of the Commission on Retirement, Removal and Discipline the judge should not receive a fee for his service as trustee for an educational trust for the reason that the fee would defeat the charitable characterization of the judge’s service.
(Dated: May 12, 1986)