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NEW YORK STATE BAR ASSOCIATIONCommittee on
Professional Ethics Opinion #240 - 03/11/1972
(19-72)
Topic: Judiciary serving as Executor or Trustee
Digest: A judge may accept executorships and trusteeships which do
not conflict with the performance of his judicial duties
Judicial Canon: 27
QUESTION
May a member of the judiciary accept an executorship or
trusteeship?
OPINION
Canon 27 of the Canons of Judicial Ethics provides that a judge is
not disqualified from holding an executorship or trusteeship provided
that such a position does not interfere with the proper performance of
his judicial duties. He should not accept such position or continue as
such a fiduciary, if the business interests of those represented require
investments in enterprises that are apt to come before him judicially or
to be involved in questions of law to be determined by him.
We call attention to Canon 5(D) of the February 1972 Final Draft of
the proposed new Code of Judicial Conduct that, if adopted, will change
the rule. Such proposal provides in part:
"A judge should not serve as an executor, administrator, trustee,
guardian, 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 his judicial duties."
Related Files
Opinion 240 (Adobe PDF File)
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