Ga. Code. Jud. Cond. 3.11

As amended through October 9, 2024

Rule 3.11 - Financial Activities and Business Dealings

(A) Information acquired by judges in their judicial capacity should not be used or disclosed by them in financial dealings or for any purpose not related to their judicial duties.

(B) Judges should refrain from financial and business dealings with lawyers, litigants, and others that tend to reflect adversely on their impartiality, interfere with the proper performance of their judicial duties, or exploit their judicial positions.

(C) Subject to the requirement of Rule 3.11 (B), judges may hold and manage investments, including real estate, and engage in other remunerative activity including the operation of a business, as long as the business is not related to court-directed services.

(D) Judges should manage their investments and other financial interests to minimize the number of cases in which they are disqualified. As soon as they can do so without serious financial detriment, they should divest themselves of investments and other financial interests that might require frequent disqualification.

(E) Judges should keep informed about their personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal financial interests of their spouse, domestic partner, intimate partner, and minor children residing in their households.

(F) Judges are not required by this Code to disclose their income, debts, or investments, except as provided in Canons 2 and 3.

Commentary:

[1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extra-judicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with performance of judicial duties. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required or that trades on the prestige of judicial office to promote the business.

[2] Canon 2 requires judges to disqualify themselves in any proceeding in which they have a more than de minimis financial interest; Canon 3 requires judges to refrain from financial activities that might interfere with the impartial performance of their judicial duties; Canon 3 also requires judges to report certain gifts or similar benefits as well as compensation they receive for activities involving personal services outside their judicial office. Judges have the rights of an ordinary citizen, including the right to privacy in their financial affairs, except to the extent that limitations thereon are required to safeguard the proper performance of their duties. Owning and receiving income from investments do not as such affect the performance of a judge's duties.

Ga. Code. Jud. Cond. 3.11

Adopted effective January 1, 2016; Commentary [2] amended effective September 22, 2016.