Rule 3.8 - Fiduciary Activities(A) Judges should not serve as fiduciaries, except for the estates, trusts, or persons of members of their families, and then only if such service will not interfere with the proper performance of their judicial duties. As family fiduciaries, judges are subject to the following restrictions.(B) Judges should not serve if it is likely that as fiduciaries, they will be engaged in proceedings that would ordinarily come before them, or if the estates, trusts, or wards become involved in adversary proceedings in the court on which they serve or one under its appellate jurisdiction. (C) While acting as fiduciaries, judges are subject to the same restrictions on financial activities that apply to them in their personal capacities. Commentary:
Judges' obligations under this Canon and their obligations as fiduciaries may come into conflict. For example, a judge should resign as trustee if it would result in detriment to the trust to divest it of holdings whose retention would place the judge in violation of Rule 3.11.
Adopted effective January 1, 2016.