JUDGE AS TRUSTEE

Opinion No. 54 (1981)


QUESTION: May a judge serve as a trustee on a trust which involves oil and gas properties only where such properties are all located outside the elected district of such judge with one minor exception?

ANSWER: No. Section 5D of the Code of Judicial Conduct states as follows: "A judge should not serve as the executor, administrator, trustee, guardian or other fiduciary...." The Code is quite explicit and since the only exception stated therein pertains to members of a judge's family, which situation is not involved in this question, the Committee is of the opinion that to act as a trustee under the circumstances described would violate Section 5D of the Code of Judicial Conduct.