Rule 3.8 - Appointments to Fiduciary Positions(a) A judge shall not accept appointment to serve in a fiduciary* position, such as executor, administrator, trustee, conservator, guardian, attorney-in-fact, or other personal representative, except for the estate, trust, or person of a member of the judge's family,* and then only if such service will not interfere with the proper performance of the duties of judicial office. Code Comparison
The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Rule 3.8(A) by adding conservator.
(b) A judge shall not serve in a fiduciary* position if the judge, as fiduciary,* will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.(c) A judge acting in a fiduciary* capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally.(d) If a person who is serving in a fiduciary* position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after being sworn into judicial office. Haw. Code. Jud. Cond. 3.8
COMMENT:
[1] A judge should recognize that other restrictions imposed by this Code may conflict with a judge's obligations as a fiduciary; in such circumstances, a judge should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judge under Rule 2.11 because a judge is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis.