Iowa Ct. R. 51:3.8

(A) A judge shall not accept appointment to serve in a fiduciary* position, such as executor,

administrator, trustee, guardian, attorney in fact, or other personal representative, except for

the estate, trust, or person of a member of the judge’s family,* and then only if such service will

not interfere with the proper performance of judicial duties.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be

engaged in proceedings that would ordinarily come before the judge, or if the estate, trust,

or ward becomes involved in adversary proceedings in the court on which the judge serves, or

one under its appellate jurisdiction.

(C) A judge acting in a fiduciary capacity shall be subject to the same restrictions on engaging

in financial activities that apply to a judge personally.

(D) If a person who is serving in a fiduciary position becomes a judge, he or she must comply

with this rule as soon as reasonably practicable, but in no event later than six months after

becoming a judge.

Comment

[1] A judge should recognize that other restrictions imposed by the Iowa Code of Judicial Conduct

may conflict with a judge’s obligations as a fiduciary; in such circumstances, a judge should resign

as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judge

under rule 51:2.11 because a judge is deemed to have an economic interest in shares of stock held by

a trust if the amount of stock held is more than de minimis.*