R.i. Sup. Ct. R. 3.11

As amended through June 7, 2024

Rule 3.11 - Financial, Business, or Remunerative Activities

(A) A judge* may hold and manage investments of the judge and members of the judge's family.*

(B) A judge shall not serve as an officer, director, manager, general partner, advisor, or employee* of any business entity except that a judge may manage or participate in:

(1) a business closely held by the judge or members of the judge's family; or

(2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family.

(C) Any active or retired judge may serve as a professor, teacher, lecturer, or other educator at a public or private educational institution.

(D) A judge shall not engage in financial activities permitted under paragraphs (A), (B), or (C) if they will:

(1) interfere with the proper performance of judicial duties;

(2) lead to frequent disqualification of the judge;

(3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or

(4) result in violation of other provisions of this Code.

(E) If a person who is serving as an officer, director, manager, general partner, advisor, or employee of any business entity becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than two years after becoming a judge.

R.i. Sup. Ct. R. 3.11

Revised 9/1/2023.

COMMENT

[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 extrajudicial activities, is subject to the requirements of this Code, however. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of his or her judicial duties. See Rule 2.1. 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. See Rules 1.3 and 2.11. It would also be improper for a judge to engage in any activity inconsistent with the requirements and restrictions set forth in Rule 3.7 while serving as an officer, director, manager, general partner, or advisor of any business entity to the extent permitted under subsection (B) of this Rule.

[2] As soon as practicable without serious financial detriment, but in no event later than two years after becoming a judge, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule.