Supreme Judicial Court Rules
Code of Judicial Conduct: Canon 3

Supreme Judicial Court Rules  Rule 3.11 Financial, business, or remunerative activities

Effective Date: 01/01/2016
Updates: Adopted October 8, 2015, effective January 1, 2016

Canon 3: A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Rule 3.11

(A)

A judge may hold and manage investments of the judge and members of the judge’s family.

(B)

A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in a business entity primarily engaged in investment of the financial resources of the judge or members of the judge’s family.

(C)

A judge shall not engage in financial activities permitted under Paragraphs (A) and (B) if they will:

  • (1) interfere with the proper performance of judicial duties;
  • (2) lead to frequent disqualification of the judge;
  • (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or
  • (4) result in violation of other provisions of this Code.

Comment

[1]

As soon as practicable without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule.

[2]

Under this Rule, a judge must consider the difference between the permitted management of an investment and the prohibited management of a business. For example, a judge who owns residential or commercial properties as investments may establish policy and participate in decisions regarding the purchase, sale, and use of land, but must leave the actual day-to-day management to others.

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Updates: Adopted October 8, 2015, effective January 1, 2016

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