Rule 3.8 - Fiduciary Activities(A) A judge shall not accept an appointment to serve in a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative, except for the estate or trust of a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties. (B) A judge shall not serve in a fiduciary position if the judge as a 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 section as soon as reasonably practical, but in no event later than one year after becoming a judge.Adopted July 1, 2015, effective 9/1/2015.Advisory Notes - 2015
Rule 3.8 tracks the 2011 ABA Model Code. It is similar to 1993 Canon 4(E) but, with the addition of section (D), allows one who becomes a judge one year to withdraw from those fiduciary responsibilities that a judge cannot perform.
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