Opinion 74-10
August 20, 1974

Re: Canon 5D

Re: Standards of Judicial Conduct

Dear Judge

Reference is made to your inquiry of July 29, 1974. You inquire as to the propriety of your serving as the executrix of an estate of a deceased, very dear friend. You further recite that this estate is extremely complicated, that there are business ventures and liabilities.

The Committee, with one member dissenting, is of the opinion that you should not serve in this fiduciary capacity.

It is also pointed out that even where a judge is permitted as a family fiduciary, such service should be prohibited if the estate is extremely complicated with various business ventures and liabilities that may result in proceedings in the judge's Court.

With high esteem and kind regards, I am

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