ATTORNEY AS TRUSTEE

Opinion No. 6 (1975)*


QUESTION: Should a judge recuse in a case in which one of the attorneys is presently serving as trustee, with discretionary powers, of a trust in which the judge's wife is a beneficiary?

ANSWER: It is the opinion of the Committee that the judge should recuse because "his impartiality might reasonably be questioned" in compliance with
Canon 3C(1) of the Code of Judicial Conduct.

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*Provisions relating to recusal and disqualification were removed from Canon 3C effective January 21, 1987. See Rules 18a and 18b, Texas Rules of Civil Procedure.