Could a part-time Vermont probate judge buy property from an estate pending in that judge's court through an agent?
Apply this to your situation
This page answers the general question as of 1980. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer serving as a part-time probate judge asked whether the lawyer could purchase an asset from an estate pending before that judge's court, either openly or anonymously through an agent.
The committee answered no. It said either form of purchase could suggest that the judge was using inside information or that the estate was trying to influence the judge. It grounded the answer in the appearance of impropriety under EC 9-6 and cited Canon 2 of the Code of Judicial Conduct.
Currency note
This opinion was issued in 1980 under Vermont's former Code of Professional Responsibility and former judicial-conduct provisions. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. 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 Treat this page as historical context, not current guidance.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 rule, deadline, or requirement.
Common questions
Q: Would an anonymous purchase through an agent resolve the concern?
A: No. The committee's prohibition expressly included a purchase made through an agent.
Q: What was the committee's stated concern?
A: It said the purchase could suggest use of inside information or an effort by the estate to influence the judge, creating an appearance of impropriety.
Background and rules framework
The opinion applied former EC 9-6 and cited Canon 2 of the Code of Judicial Conduct. It did not analyze additional facts or offer an exception for indirect purchases.
Citations and references
Vermont Code of Professional Responsibility and Code of Judicial Conduct:
- EC 9-6; Code of Judicial Conduct Canon 2.
See also
- Vermont Ethics Op. 81-06: Justice of the peace suing the town
- Vermont Ethics Op. 81-10: Former judge prosecuting after an inquest
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 80-20
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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