March 7, 1997
In response to your letter of December 24, 1996, the Advisory Committee has considered your inquiry (96-152) as to whether you may continue to serve as co-executor of the estates of your deceased aunt and uncle
As you acknowledge in your letter, section 100.4(E)(1) of the Rules Governing Judicial Conduct expressly permits such fiduciary service by a full-time judge on behalf of the estate of a relative with whom the judge maintained a close familial relationship. Accordingly, under the circumstances presented, you may continue to serve as co-executor of the estates in accordance with the terms of section 100.4(E)(1).
Enclosed is a copy of Opinion 95-134 (Vol. XIII) in which this issue was addressed.
Very truly yours,
George D. Marlow
Dutchess County Court Judge
Thomas P. Flaherty
Justice of the Supreme Court