I am a district judge who also has a law practice. Can I still continue to serve as an executor?
Under the new Code of Judicial Conduct, a district judge can serve as an executor, but it must be noted the new code for district judges has not been adopted yet. Under the code for common pleas and appellate judges, a judicial officer cannot serve as an executor, administrator, trustee, guardian, attorney in fact, power of attorney, or other personal representative, except for a member of the judge’s family. Even then, the rule limits the judge’s involvement because if serving in that capacity for a judge’s family would interfere with a judge’s performance it is prohibited. This requirement is set forth in new Rule of Judicial Conduct 3.8.
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