Colo. Code Jud. Conduct R. 3.11

History

COMMENT [1] Judges are generally permitted to en- gage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the require- ments of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the per- formance of judicial duties. See Rule 2.1. Simi- larly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11. [2] As soon as practicable without serious financial detriment, the judge must divest him- self or herself of investments and other financial interests that might require frequent disqualifi- cation or otherwise violate this Rule. COLORADO SUPREME COURT ANNOTATION Judge’s conduct in assuming command re- sponsibility in furtherance of speculative real estate development project which depends for success upon official action of city and which results in substantial profit to judge violates canon requiring judge to avoid giving grounds for any reasonable suspicion that he is using power or prestige or his office to persuade oth- ers to contribute to the success of private busi- ness ventures and rule that judge shall not di- rectly or indirectly lend the influence of his name or prestige of his office to aid or advance the welfare of a private business and such con- duct warrants censure. In re Foster, 318 A.2d 523 (Md. 1974). ETHICS OPINIONS A judge may not serve as president of a corporation which markets products to correc- tional facilities. As a company officer, the judge would be engaged in financial dealings. A judge’s service to an organization that markets product to correctional facilities may reason- ably be perceived to exploit the judge’s judicial position, and may cast reasonable doubt on the judge’s capacity to act impartially as a judge. Utah Ad. Op. 05-01.