NC · rules
N.C. Code Jud. Conduct Canon 5
A judge should regulate the judge’s extra-judicial activities to ensure that they do not prevent the judge from carrying out the judge’s judicial duties.
A. Avocational Activities. A judge may write, lecture, teach, and speak
on legal or non-legal subjects, and engage in the arts, sports, and other social and
recreational activities, if such avocational activities do not substantially interfere
with the performance of the judge’s judicial duties.
B. Civic and Charitable Activities. A judge may participate in civic and
charitable activities that do not reflect adversely upon the judge’s impartiality or
interfere with the performance of the judge’s judicial duties. A judge may serve as
an officer, director, trustee, or non-legal advisor of an educational, religious,
charitable, fraternal or civic organization subject to the following limitations.
(1) A judge should not serve if it is likely that the organization will
be engaged in proceedings that would ordinarily come before the
judge.
(2) A judge may be listed as an officer, director or trustee of any
cultural, educational, historical, religious, charitable, fraternal or
civic organization. A judge may not actively assist such an
organization in raising funds but may be listed as a contributor
on a fundraising invitation.
(3) A judge may serve on the board of directors or board of trustees
of such an organization even though the board has the
responsibility for approving investment decisions.
C. Financial Activities.
(1) A judge should refrain from financial and business dealings that
reflect adversely on the judge’s impartiality, interfere with the
proper performance of the judge’s judicial duties, exploit the
judge’s judicial position or involve the judge in frequent
transactions with lawyers or persons likely to come before the
court on which the judge serves.
(2) Subject to the requirements of subsection (1), a judge may hold
and manage the judge’s own personal investments or those of the
judge’s spouse, children, or parents, including real estate
investments, and may engage in other remunerative activity not
otherwise inconsistent with the provisions of this Code but should
not serve as an officer, director or manager of any business.
(3) A judge should manage his/her investments and other financial
interests to minimize the number of cases in which the judge is
disqualified.
(4) Neither a judge nor a member of the judge’s family residing in the
judge’s household should accept a gift from anyone except as
follows:
(a) A judge may accept a gift incident to a public testimonial
to the judge; books supplied by publishers on a
complimentary basis for official or academic use; or an
invitation to the judge and the judge’s spouse to attend a
bar-related function, a cultural or historical activity, or an
event related to the economic, educational, legal, or
governmental system, or the administration of justice;
(b) A judge or a member of the judge’s family residing in the
judge’s household may accept ordinary social hospitality;
a gift, favor or loan from a friend or relative; a wedding,
engagement or other special occasion gift; a loan from a
lending institution in its regular course of business on the
same terms generally available to persons who are not
judges; or a scholarship or fellowship awarded on the same
terms applied to other applicants;
(c) Other than as permitted under subsection C.(4)(b) of this
Canon, a judge or a member of the judge’s family residing
in the judge’s household may accept any other gift only if
the donor is not a party presently before the judge and, if
its value exceeds $500, the judge reports it in the same
manner as the judge reports compensation in Canon 6C.
(5) For the purposes of this section “member of the judge’s family
residing in the judge’s household” means any relative of a judge
by blood or marriage, or a person treated by a judge as a member
of the judge’s family, who resides in the judge’s household.
(6) A judge is not required by this Code to disclose his/her income,
debts or investments, except as provided in this Canon and
Canons 3 and 6.
(7) Information acquired by a judge in the judge’s judicial capacity
should not be used or disclosed by the judge in financial dealings
or for any other purpose not related to the judge’s judicial duties.
D. Fiduciary Activities. A judge should not serve as the executor,
administrator, trustee, guardian or other fiduciary, 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 the judge’s judicial duties. “Member of the
judge’s family” includes a spouse, child, grandchild, parent, grandparent or any other
relative of the judge by blood or marriage. As a family fiduciary a judge is subject to
the following restrictions:
(1) A judge should not serve if it is likely that as a fiduciary the judge
will be engaged in proceedings that would ordinarily come before
the judge, or if the estate, trust or ward becomes involved in
adversarial proceedings in the court on which the judge serves or
one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the same
restrictions on financial activities that apply to the judge in
his/her personal capacity.
E. Arbitration. A judge should not act as an arbitrator or mediator.
However, an emergency justice or judge of the Appellate Division designated as such
pursuant to Article 6 of Chapter 7A of the General Statutes of North Carolina, and
an Emergency Judge of the District Court or Superior Court commissioned as such
pursuant to Article 8 of Chapter 7A of the General Statutes of North Carolina may
serve as an arbitrator or mediator when such service does not conflict with or
interfere with the justice’s or judge’s judicial service in emergency status. A judge of
the Appellate Division may participate in any dispute resolution program conducted
at the Court of Appeals and authorized by the Supreme Court.
F. Practice of Law. A judge should not practice law.
G. Extra-Judicial Appointments. A judge should not accept
appointment to a committee, commission, or other body concerned with issues of fact
or policy on matters other than those relating to cultural or historical matters, the
economic, educational, legal or governmental system, or the administration of justice.
A judge may represent his/her country, state or locality on ceremonial occasions or in
connection with historical, educational or cultural activities.
History
History Note. 283 N.C. 771; 331 N.C. 771; 357 N.C. 671; 360 N.C. 676.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
d9f9730a9fdb938c18a580fd7c18f02a03cc47ab0b5a667377582a687d634d13
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