Vt. Admin. Ord. Of. Sup. Ct. 3.11

As amended through November 4, 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 paragraphs (A) and (B) 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.

Vt. Admin. Ord. Of. Sup. Ct. 3.11

Amended August 6, 2019, eff. 10/7/2019.

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. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of judicial duties. See Rule 2.1. Similarly, it would be improper for judges to use their official title or appear in judicial robes in business advertising, or to conduct their business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11.

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

Reporter's Notes

Rule 3.11 is derived from Vermont Code 1994, Canon 4D(1)-(4), with some revision and changes. Rule 3.11(C) is new, gathering in one section restrictions on financial activities found in the text of Vermont Code 1994, Canon 4D(1)-(4), and the Commentary to ABA Code 1990, Canon 4D(1)-(4). New Comment [1] provides examples supporting the rationale of Rule 3.11(C). New Comment [2] is the second sentence of Vermont Code 1994, Canon 4D(4). See ABA Reporter's Explanation 129-31.