May a Nebraska judge own bank stock and remain a director of the banks?

Short answer The Committee allowed continued bank stock ownership with case disqualification limits, but prohibited service on the banks’ boards under former Canon 5C(2).
Bar
JUDICIAL-NE
Issued
1989

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This page answers the general question as of 1989. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge owned shares in two banks and served on both boards before and after taking judicial office. The banks were located outside the judge’s district.

The Committee said bank stock ownership was permissible, subject to disqualification when a bank was a party and caution where a case could affect the bank or share value. It said former Canon 5C(2) barred service as a director of the banks, distinguishing a passive investment from active business management.

The opinion discussed the former Code’s limited exception for personal investment corporations and concluded that these banks did not fit it on the stated facts. Six members concurred in the full opinion; one concurred only in the result.

Currency note

This opinion was issued in 1989, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.

Common questions

Q: Could the judge keep the bank shares?

A: Yes, subject to the opinion’s disqualification and impartiality limits.

Q: Could the judge remain a bank director?

A: No. The Committee concluded that former Canon 5C(2) prohibited it.

Q: Did the banks’ location outside the district change the result?

A: No. The opinion still barred the board positions.

Background and rules framework

The opinion applied former Nebraska Canons 2, 3C(1)(c), 3D and 5C to investment ownership and active bank management.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 2, 3C(1)(c), 3D, 5C(1), 5C(2), and 5C(3). Statutes cited: Neb. Rev. Stat. §§ 24-315 and 8-102.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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