September 5, 1975
Re: Canon 5C(2)
Re: Standards of Judicial Conduct
In your letter of August 5, 1975, you request an opinion from the Committee on Standards of Judicial Conduct as to whether you should resign as an officer and director of a close corporation in which you own all of the stock.
A majority of the committee, with one dissenting are of the opinion that the Code of Judicial Conduct permits you to be an officer and/or director of a corporation where you personally own all of the stock in that corporation, i. e., a family business
Canon 5C(2) appears to be applicable and it provides:
- "a Judge should not serve as an officer, director, manager, advisor or employee of any business."
However, the commentary qualifies this subsection with regard to a judge engaged in a family business at the time this code became effective. The qualification in part provides,
"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.
This qualification apparently permits the continuance of a family business by a judge in office on September 30. 1973.
We hope that this response will be of some assistance to you.
/s| GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct
cc: All committee members