July 11, 1974
Re: Canon 5D
Reference is made to your inquiry of June 25, as to whether there was any
impropriety in your holding title to real estate as trustee for the use
and benefit of yourself, your father and some friends.
A majority of the Committee find this ownership permissible provided the
"friends" are not lawyers.
Two members of the Committee recited the language of Canon 5 D:
". . . a judge should not serve as. . trustee . . except for the trust.
. . of a member of his family."
It is their opinion that the canon contemplates a familial trust only and
not one wherein friends and members of the family would be jointly involved.
We compliment you for raising the question. Should you feel there is merit
to the minority opinion, you have until September 30, 1975, to resolve the
/s/GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct
G S : j s s
cc: Committee members