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, 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 judicial duties.(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 becoming a judge or as soon as the judge can do so without causing serious financial detriment.Vt. Admin. Ord. Of. Sup. Ct. 3.8
Amended August 6, 2019, eff. 10/7/2019.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.
Reporter's Notes
Rule 3.8(A)-(C) carry forward Vermont Code 1994, Canon 4E(1)-(3). Rule 3.8(D) and Comment [1] are based upon the Commentary to ABA Code 1990, Canon 4E. See ABA Reporter's Explanation 126-27.