Haw. Code. Jud. Cond. 3.11

As amended through September 30, 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) A judge shall not engage in financial activities permitted under Rules 3.11(a) and (b) if they will:

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

(2) lead to frequent disqualification or recusal 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.

Haw. Code. Jud. Cond. 3.11

COMMENT:

[1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of the judges' families. Participation in these activities, like participation in other extrajudicial 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 the proper performance of the duties of judicial office. 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 or recusal is frequently required. See Rules 1.3 and 2.11.

[2] As soon as practicable without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or recusal or otherwise violate this Rule.

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