I. Does a judge who is disqualified to hear a certain tort action involving a trust due to membership on an advisory committee to a beneficiary community college remain disqualified after resignation from the committee? Answer: Yes. II. Does former membership on the advisory committee also disqualify the judge to hear a present and any future petitions for partial accounting of the trust and/or petitions for partial accounting of another trust with a charitable beneficiary clause? Answer: The judge is disqualified to hear cases involving the first trust to the extent that irregularities alleged in the litigation apply to a period he was on the committee. He is not disqualified to hear proceedings involving the other trust.

DISQUALIFICATION IN SUITS INVOLVING TRUSTS DUE TO MEMBERSHIP ON A COLLEGE’S ADVISORY COMMITTEE

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Categories: Advisory Opinions