2010-14 (June 3, 2010)
Guardianship; Family; Canon 5

Issue: May a Judicial Official continue to serve as guardian for the estate and person of a disabled “member of the judge’s family” (within the meaning of Canon 5(d)) who resides in a group home?

Response: Based upon the facts presented, the Committee unanimously concluded that the Judicial Official may continue to serve as guardian for his/her sibling subject to the following conditions:

1. The Judicial Official must cease service if it is likely that he/she will be engaged in proceedings that would ordinarily come before the Judicial Official or if the sibling becomes involved in an adversary proceeding in the court on which the Judicial Official serves or one under its appellate jurisdiction (Canon 5 (d) (1));
2. While serving as guardian, the Judicial Official is subject to the same restrictions on financial activities that apply to the Judicial Official in his or her personal capacity (Canon 5 (d) (2));
3. The Judicial Official must refrain from financial and business dealings on behalf of the ward that tend to reflect adversely on the Judicial Official’s impartiality, interfere with the proper performance of the judicial position, or involve the Judicial Official in frequent transactions with lawyers or persons likely to come before the court on which the Judicial Official serves (Canon 5 (c) (1)); and
4. The Judicial Official may not practice law on behalf of the ward (Canon 5 (f)).