MA · rules
Mass. Code Jud. Conduct R. 3.8
Appointments to fiduciary positions
Rule 3.8
(A)
A judge shall not accept appointment to serve in a fiduciaryDefinitionIncludes relationships such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative. See Rules 2.11, 3.2, and 3.8. position, except for the estate, trust, or person of a member of the judge’s familyDefinitionAny of the following persons: a spouse or domestic partner; a child, grandchild, parent, grandparent, or sibling, whether by blood, adoption, or marriage; or another relative or person with whom the judge maintains a close family-like relationship. Residence in the household of a judge may be relevant but is not dispositive when determining whether a judge maintains a close family-like relationship with another relative or person. See Rules 3.7, 3.8, 3.10, and 4.1., 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 possible and in any event within one year.
History
Comment [1] A judge should recognize that other restrictions imposed by this Code may conflict with a judge’s obligations as a fiduciary. In such circumstances, a judge should resign as fiduciary as soon as reasonably possible and in any event within one year. For example, serving as a fiduciary might require frequent disqualification of a judge under Rule 2.11 because a judge is deemed to have an economic interestDefinitionOwnership of more than a de minimis legal or equitable interest. Unless the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, it does not include: (1) an interest in the individual holdings within a mutual or common investment fund; (2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge's spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant; (3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or (4) an interest in government securities held by the judge. See Rules 1.3, 2.11, and 3.2. in shares of stock held by a trust if the amount of stock held is more than de minimis. Adopted October 8, 2015, effective January 1, 2016
Provenance
- Source
- www.mass.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
f8add3b113a23ce527f82705251a83f434de8ff733a60cb600a56e71b6391f77
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