Opinion 74-7
July 11, 1974

Re: Canon 5D

Dear Judge

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 question


/s/GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct

G S : j s s

cc: Committee members