June 24, 1975
Re: Canon 5C(2)
Re: Standards of Judicial Conduct
This will acknowledge and thank you for your letter of June 21, 1975, wherein you submit the question of whether you may continue to hold the presidency of Company, a private family owned Sub-Chapter S Corporation, while also holding office of Judge of Industrial Claims.
I remember talking to you about this problem some time back, and I told you then I thought this was permissible under the Code.
In this connection, I quote Canon 5C(2):
"A judge may hold and manage investments, including real estate, and engage in other remunerative activity permitted by this Canon, but should not serve as an officer, director, manager, advisor, or employee of any business."
This sub section is modified by "The Effective date of Compliance" provision which states:
"If,.however, the demands on his time and the possibility of conflicts of interest are not substantial, a person who holds judicial office on the date this Code becomes effective may:
(a) continue to act as an officer, director, or non-legal advisor of a family business;
(b) continue to act as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of his family."
The effective date of the Code of Judicial Conduct was September 30, 1973. Inasmuch as you were a judicial officer on said date, it is my opinion that you may continue to hold the presidency of a family owned Sub-Chapter S Corporation.
Frankly I don't think it is necessary to submit your letter to the Committee as a whole, but, if you prefer I will be glad to do so upon your request.
/s/GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct