Opinion 78-19

September 7, 1978



Dear Judge:


The Committee on Standards of Conduct Governing Judges acknowledges your recent inquiry wherein you inquire as to the propriety of a Judge retaining interest in an office building and a parcel of property with members of his former law firm.

A majority of the participating members of the Committee are of the view that the Canons do not prohibit your maintaining your interest in the office building or the parcel or property. However they do feel that you should disqualify yourself from any legal matters that might come before yo involving your partners in view of this relationship.

A minority of the participating members of the Committee feel that the Question was dealt with by our opinions number 74-8, 76-1, 76-19 and 76-20. In two of those opinions we stated:

"As soon as he can do so without serious financial detriment should divest himself of the investments and other financial interests that might require frequent disqualifications."

These members feel that you should not be required to divest yourself of these assets before assuming office, however, you should attempt to comply with the above quoted suggestion as soon as possible.

Trusting that this opinion will be of guidance to you, I remain,

Sincerely yours,


Tyrie A. Boyer, Chairman
Committee on Standards of Conduct Governing Judges

TAB/sw

Participating members: Judges Boyer, Carlisle, O'Connell, Richardson, Stephenson, Turner and Samuel J. Powers, Attorney