RETIRED JUDGE--TRUSTEE IN FORECLOSURE

Opinion No. 98 (1987)


QUESTION: Does a Senior District Judge violate any ethics by serving as a substitute trustee in non-judicial foreclosure proceedings?

ANSWER: No, although the judge would of course be disqualified from any subsequent litigation involving such sale. A trustee is normally considered to be a fiduciary because of the duty owed to those whom he serves, and Canon 5D does provide that a judge should not serve as a fiduciary with certain specified exceptions. But, Canon 8D exempts a retired judge from the provisions of Canon 5D.