FILING INSTRUCTIONS

FOR JUDICIAL OFFICERS

AND EMPLOYEES

(AO-10) 

Committee on Financial Disclosure 

Administrative Office of the U.S. Courts 

Suite G-330 

One Columbus Circle, N.E. 

Washington, D.C. 20544 

(202) 502-1850 

 

Revised March 2024 

 
TABLE OF CONTENTS

 Page 

 

INTRODUCTION ...........................................................................................................................1

FILING: WHO MUST FILE, WHEN, HOW, AND WHERE ........................................................1

Who and When ....................................................................................................................1

Extensions of Time to File ...................................................................................................2

Late Filing Fee .....................................................................................................................2

How and Where to File ........................................................................................................3

Amendments ........................................................................................................................3

Waivers ................................................................................................................................4

FILING GUIDELINES ....................................................................................................................5

“NONE” Box .......................................................................................................................5

Disclosure Concerning Family Members ............................................................................5

Extra Pages; Additional Space .............................................................................................5

Alternative Format for Reporting ........................................................................................5

Reconciliation with Prior Reports ........................................................................................6

INSTRUCTIONS FOR COMPLETING EACH PART ..................................................................7 

 Personal Information ................................................................................................7

I. Positions ...................................................................................................................8

II. Agreements ............................................................................................................13

III. Non-investment Income .........................................................................................15

Honoraria and Outside Employment .....................................................................15

IV. Reimbursements .....................................................................................................22

V. Gifts........................................................................................................................25

VI. Liabilities ...............................................................................................................31

VII. Investments and Trusts ..........................................................................................33

Excepted Investment Funds, Trusts .......................................................................34

Qualified Blind Trusts (Employees other than Judges) .........................................35

Example of Part VII ...............................................................................................37

Column A. Description of Assets .........................................................................38 

Column B. Income ................................................................................................44

Column C. Value ..................................................................................................46

Column D. Transactions .......................................................................................48

VIII. Explanatory Comments ..........................................................................................51

IX. Certification and Signature ....................................................................................51

COMPLIANCE AND SANCTIONS ............................................................................................52

ETHICAL STANDARDS .............................................................................................................52

PUBLIC ACCESS .........................................................................................................................52
APPENDIX I - NOMINATION REPORTS AND INITIAL REPORTS ......................................54

Who Must File and When ..................................................................................................54

Instructions for Completing Each Part ...............................................................................54

 Identifying Information ..............................................................................54

I. Positions .....................................................................................................54

III. Non-investment Income .............................................................................55

IV. Reimbursements ........................................................................................55

V. Gifts............................................................................................................55

VI. Liabilities ...................................................................................................55

VII. Investments and Trusts .............................................................................55

APPENDIX II - FINAL REPORTS ..............................................................................................56

Who Must File and When ..................................................................................................56

Instructions for Completing Each Part ...............................................................................56 

 Identifying Information ..............................................................................56 

 Parts I–VII ..................................................................................................56

APPENDIX III - Additional References. ......................................................................................57
1 

INTRODUCTION

Four separate types of Financial Disclosure Reports (AO-10) nomination, initial, annual, and 

final are required by the Ethics in Government Act of 1978, as amended, published in Title 5 of the 

United States Code, 13101-13111. 

These instructions govern the preparation and filing of Form AO-10, which is to be used by 

judicial officers and employees for all reports. The body of these instructions covers the requirements 

for annual reports, which in some cases also apply to nomination, initial, and final reports. Where 

requirements for nomination, initial, or final reports differ from the annual reporting requirements, 

specific information can be found in Appendices I and II of these instructions. 

The statute requires the Committee on Financial Disclosure to review each report to ensure, on 

the basis of the information provided, that the reporting person (filer) is in compliance with applicable 

laws and regulations. 5 U.S.C. § 13108(b)(1). The Committee also reviews reports to highlight 

potential ethical problems and/or conflicts of interest. Financial disclosure reporting, however, is 

distinct from obligations under the Codes of Conduct. Each judge is required to conduct a personal 

review of cases for conflicts, develop a list identifying financial conflicts for use in conflict screening, 

review and update the list at regular intervals, and employ the list in automated conflict screening. The 

financial disclosure report is not a substitute for the list of financial conflicts. See Guide to Judiciary 

Policy, Vol. 2C, Ch. 4. 

Questions concerning the reporting requirements should be addressed to: 

Committee on Financial Disclosure, 

Administrative Office of the United States Courts 

Suite G-330, 

One Columbus Circle, N.E. 

Washington, D.C. 20544 

WHO MUST FILE and WHEN? 

JUDICIAL OFFICERS AND JUDICIAL EMPLOYEES are required to file an annual report by 

May 15 following each calendar year in which they performed their duties for more than sixty (60) days. 

5 U.S.C. § 13103(d). 

JUDICIAL OFFICERS are defined in the Act as the Chief Justice and Associate Justices of the 

Supreme Court, and the judges of United States courts of appeals, United States district courts, including 

the district courts in Guam, the Northern Mariana Islands, and the Virgin Islands, Court of Appeals for 

the Federal Circuit, Court of International Trade, Tax Court, Court of Federal Claims, Court of Appeals 

for Veterans Claims, United States Court of Appeals for the Armed Forces, and any court created by an 

Act of Congress, the judges of which are entitled to hold office during good behavior. 5 U.S.C. § 

13101(10). 

A JUDICIAL EMPLOYEE is any employee (excluding a JUDICIAL OFFICER, of the judicial 

branch of Government, of the United States Sentencing Commission, of the Tax Court, of the Court of 
2 

Federal Claims, of the Court of Veterans Appeals, or of the United States Court of Appeals for the 

Armed Forces) who: 

(a) is authorized to perform adjudicatory functions with respect to proceedings in the judicial 

branch, e.g., bankruptcy judges and magistrate judges; or 

(b) occupies a position for which the rate of basic pay is equal to or greater than 120 percent of 

the minimum rate of basic pay payable for GS-15 of the General Schedule. 5 U.S.C. § 

13101(8). 

Persons whose obligation to file reports may vary from year to year, e.g., a senior judge, or 

recalled bankruptcy judge or magistrate judge who may perform more than 60 days of service in one 

year but not in another, should certify their exempt status to the Committee on Financial Disclosure by 

May 15th, if they are exempt from filing for the prior year. This will avoid an inquiry from the 

Committee concerning the failure to file. When they file their next report, they should explain any 

apparent inconsistencies resulting from the “gap” between the two reporting periods. 

Information on who must file nomination, initial, and final reports, and when they must be filed 

can be found in Appendices I and II. 

Commentary 

The General Counsel of the Administrative Office of the U.S. Courts has determined that the 

term “basic pay” within the definition of a judicial employee does not include locality pay or 

geographic cost-of-living allowance (COLA) received by some employees in Alaska, Guam, Hawaii, 

Puerto Rico, and the Virgin Islands. Geographic COLAs are considered additional allowances for the 

cost of living rather than part of the basic rate of pay. Similarly, there is no express statutory authority 

permitting court employees to receive locality pay. Payment is based upon the Director of the 

Administrative Office’s authority to set compensation and is treated in the same manner that locality 

pay is treated in the Executive Branch, which does not consider locality pay as a part of basic pay.

 Part-time employees without adjudicatory functions are deemed to satisfy the filing threshold if 

the basic rate of pay fixed for the position held meets the statutory minimum. Thus, the “rate of basic 

pay” rather than actual pay received, is used to determine the need to file a report. In addition, the 

Committee has held that the “rate of basic pay” to be used to determine whether a reemployed 

annuitant who is not authorized to perform adjudicatory functions must file a report does not include the 

annuity. 

Extensions of Time to File

The Committee may grant reasonable extensions of time for filing nomination, initial, annual, 

and final reports. Requests for extension should be submitted to the Committee electronically via FiDO 

under “Request for Extension.” Extensions of time for filing a report may be granted for up to 90 days 

from the original due date. In the request, state the number of days being sought and explain why the 

extension is necessary. Extensions beyond 90 days are not permissible. 5 U.S.C. § 13103(g). 

Late Filing Fee

A report filed more than thirty (30) days after the date the report is due may be assessed a late 

filing fee of $200. 5 U.S.C. § 13106(d)(1). 
3 

The Committee may waive the late filing fee. The standard for granting a waiver is that 

extraordinary circumstances prevented a timely filing of the report. Requests for waivers should be 

submitted electronically to the Committee via FiDO, under “Request for Waiver of Late Fee,” and must 

include the reason(s) the report was not filed on time. 5 U.S.C. § 13106(d)(2). 

 The $200 late filing fee, made payable to the Treasurer of the United States, should be mailed to: 

 Committee on Financial Disclosure 

Administrative Office of the United States Courts 

Suite G-330 

 One Columbus, Circle, N.E. 

 Washington, DC 20544

How and Where to File 

All reports (including amended reports filed in response to letters of inquiry) must be created 

using the FDR Form Editor Software, which provides the acceptable AO-10 format in PDF form. These 

software-generated PDFs must be uploaded onto the Financial Disclosure website (FiDO). 

 If a prior year’s report, in xml format, is stored or saved on the computer being used to complete 

the current report, once you open the FDR software: 

 data from the last report you worked on may pre-populate the form, 

 a blank form will appear, or 

 you may be prompted to import the data. 

 After the reporting period, Block 6, is changed to 01/01/2023-12/31/2023, the software 

automatically updates the report year indicated at the top of page one of the report. If you are unable to 

locate your prior report in .xml format, contact your local IT office for assistance in locating the file. 

Amended Reports

Amend reports using the FDR Form Editor software. Check box 5b “Amended” and Block 3 

should reflect a current date (found on the Personal Information tab), in addition to making any changes 

to specific parts of the report. Then electronically file the pdf version of that amended report in FiDO. 

If appropriate, explain the changes in Part VIII. Amendments in the form of letters are not permitted. 

There are two types of amended reports: 

1) A response to a letter of inquiry received from the Committee. A letter of inquiry from the 

Committee requires clarification on report content. The FDR Form Editor software must be used 

to prepare the amended report – once a pdf is created, it should be filed in FiDO as a Response to 

Letter of Inquiry. 

2) A self-initiated amendment to change information or data provided on a previously filed 

report. Again, the FDR Form Editor software must be used to prepare the amended report. Once 

a pdf is created, it should be filed in FiDO under Report as a Self-Initiated Amendment. 
4 

The Committee requires initial, annual, final, and periodic transaction reports of all judges, 

including bankruptcy judges, magistrate judges, and special trial judges filed in calendar year 2022 and 

future years be published to the online database of the Administrative Office of the United States Courts 

(AO). The Committee also requires amended reports filed in calendar year 2022 and future years be 

published to the AO’s online database, irrespective of which year’s report the filer seeks to amend. 

Accordingly, all such reports will be publicly accessible on the AO’s online database. The 

corresponding report being amended, if already published to the AO’s online database, will remain 

publicly accessible in the online database until the record retention policy requires it to be destroyed. 

Waivers

The Committee may grant a request for a waiver of any reporting requirement for one who is 

expected to perform the duties of the office or position less than one hundred and thirty (130) days in a 

calendar year, but only if the Committee determines that: 

(1) the person is not a full-time employee of the federal government; 

(2) the person is able to provide services specially needed by the federal government; 

(3) it is unlikely that the person’s outside employment or financial interests will create 

a conflict of interest; and 

(4) public financial disclosure by the person is not necessary under the circumstances. 

Waiver requests should be submitted to the Committee electronically and must contain a detailed 

explanation of the facts upon which the Committee can make the determinations required under the Act. 

All such requests are available to the public. 5 U.S.C. § 13103(i). 

 
5 

FILING GUIDELINES 

“NONE” Box

 The FDR software will automatically check the “NONE” box when no entries are made. If you 

do not have entries for a particular Part, make sure the “NONE” box is checked. 

Disclosure Concerning Family Members

A reporting person is required to disclose financial information concerning a spouse and 

dependent children. 5 U.S.C. § 13104(e)(1). 

The Act does not require disclosure of the financial interests of a spouse who is living separate 

and apart with the intention of terminating the marriage or permanently separating. 5 U.S.C. § 

13104(e)(2). 

 The Act defines a dependent child as a son, daughter, stepson, or stepdaughter . . . who 

(A) is unmarried and under age 21 and is living in the household of the reporting person; 

or 

(B) is a dependent of the reporting person within the meaning of Section 152 of the Internal 

Revenue Code of 1986. (26 U.S.C. 152) 5 U.S.C. § 13101(2). 

Extra Pages/Additional Space

To add lines or pages in the FDR Form Editor software, right-click the line where more space is 

needed and follow the menu prompts. The option to delete extraneous lines or pages is in that same 

menu. 

Alternative Format for Reporting Investments and Assets

The FDR Form Editor software provides the only acceptable AO-10 format for the financial 

disclosure report. Use of the software to prepare the report ensures reporting of all required information 

in the correct and consistent format. It also allows the import of information into subsequent reports, 

negating the need to retype entries. 

In exceptional circumstances, it is permissible to provide the required information in an 

alternative format, but only upon a specific written determination by the Committee. If you wish to use 

an alternative format, seek permission by electronically filing a letter to the Committee via FiDO, under 

“Requests/Letters to the Committee – Miscellaneous.” The request should include: the format sought, 

why the request is being made, and whether it is only for the current report or all future reports. All 

information submitted in the alternative format must be able to be easily reconciled with prior reports. 5 

U.S.C. § 13104(b)(2)(A). 

 
6 

Reconciliation with Prior Reports

Although you should compare information in your current report with that in the prior report, 

each report must be complete in and of itself. Each asset listed in your prior report, as owned on the last 

day of the reporting period, should be listed in your current report. 

Report transactions (e.g., sales or purchases) that explain new or missing assets, listing each one 

on a separate line in Part VII, Column D. If there are none, use Part VIII to explain why an asset has 

been added or removed, or use of the “(X)” and “(Y)” notations as described later in the filing 

instructions. 

If a supporting document approving a specific position (Part I), agreement (Part II), or 

transaction (Part VII) has been received and is relevant to your report, or if the Committee on Codes of 

Conduct has approved particular conduct or actions relevant to your report, a copy of that document 

should be filed in FiDO under “Requests/Letters to the Committee – Miscellaneous.” 

To assist the Committee during the review process, list items in each part of the report in the 

same order as shown in the prior report. 

 
7 

INSTRUCTIONS FOR COMPLETING EACH PART

Personal Information 

 Blocks 1 through 7 must be completed to report identifying information. 

FINANCIAL DISCLOSURE REPORT

 FOR CALENDAR YEAR 2023

1. Person Reporting (last name, first, middle initial)

Smith, Jane B.

2. Court or Organization

U.S. District Court, North Dakota

3. Date of Report

04/17/2024

4. Title (Article III judges indicate active or senior status;

magistrate judges indicate 

full- or part-time) 

U.S. District Judge - Senior Status

5a. Report Type (check appropriate type)

□ Nomination Date 

□ Initial 

 Annual □ Final 

6. Reporting Period

01/01/2023 

to

12/31/2023

5b. □ Amended Report

7. Chambers or Office Address

U.S. Courthouse 

44 West 32nd Street 

Fargo, North Dakota 58107

IMPORTANT NOTES: The instructions accompanying this form must be followed. Complete all parts, 

checking the NONE box for each part where you have no reportable information.

Note: 

 In Block 1, format name as “[last name] [first name] [middle initial]” in order to ensure the 

signature block at the end of the report will be correct 

 List the current date in Block 3

 List your position and status in Block 4 

 Indicate the type of report in Block 5a 

 Check Block 5b. if filing an amended report (e.g., when responding to letter(s) from the 

Committee, or if filing a self-initiated amendment). When filing an amended report, the date in 

block 3 should be updated 

 Confirm that Block 6 covers the correct reporting period; for annual reports this is January 1, 

2023 December 31, 2023 

AO 10 

Rev. 3/2023 

Report Required by the Ethics

in Government Act of 1978 

(5 U.S.C. §§ 13101-13111)
8 

Part I. Positions

 Unlike other Parts, Positions held by the filer must cover from January 1 of the reporting period 

through the date the report is filed. 5 U.S.C. § 13104(a)(6)(A). For nomination, initial, and final 

reports, refer to Appendices I and II of these instructions. 

A complete listing is required of all positions held by the filer as an officer, director, trustee, 

partner, proprietor, representative, employee, or consultant of any corporation, company, firm, 

partnership, or other business enterprise, any nonprofit organization, any labor organization, or any 

educational or other institution other than the United States. Disclose your position even if you are not 

compensated and even if neither you nor a member of your family has any financial interest in the 

entities listed. You are not required to report positions held in any religious, social, fraternal, or 

political entity, or positions solely of an honorary nature. 5 U.S.C. § 13104(a)(6)(A).

 Please note that positions held are listed in this part, while associated assets owned or held are 

reported in Part VII (Investments and Trusts). 

For Article III judges, bankruptcy judges, and magistrate judges, the Code of Conduct for United 

States Judges specifies additional constraints on the positions that may be held. See especially Canons 4 

and 5. Part-time magistrate judges are governed by special rules as provided in 28 U.S.C. 632(b) and 

the Code of Conduct for United States Judges, Compliance with the Code of Conduct. The Code of 

Conduct appears in the Guide to Judiciary Policy, Vol. 2, Part A, Ch. 2. 

Additional information—e.g., an opinion from the Committee on Codes of Conduct, or approval 

from a Judicial Council—that bears on the question whether a position presents a potential conflict of 

interest or issue under the Code of Conduct for United States Judges should be provided in Part I or Part 

VIII. 

I. POSITIONS. (Reporting individuals only; see Guide to Judiciary Policy, Volume 2D, § 345 Trustees, Executors, 

Administrators, and Custodians; § 350 Power of Attorney; § 355 Outside Positions.) 

□ NONE (No Reportable positions.) 

POSITION NAME OF ORGANIZATION/ENTITY 

1. Director Girls and Boys Club of America 

2. Trustee Family Trust #1 

3. Trustee Trust #2 (no reportable assets) 

4. Member ABC LLC 

5. Professor Marvel University Law School 

Note: 

 Provide the full name of the position and the organization. 

 Consider whether the position appears to present a conflict of interest. 

 Provide a listing of corresponding assets in Part VII if the position so requires.
9 

 

Commentary 

A power of attorney need not be reported in Part I if it has not been exercised for example, if it 

is conditioned upon an event that has not yet occurred, such as the disability of the grantor. Similarly, a 

filer is not required to report a “successor trustee” position or any similar fiduciary position that is 

contingent upon an event that has not yet occurred. Once a power of attorney has been exercised, it 

should be reported in Part I. Beginning in calendar year 2013, the Committee does not require filers to 

report in Part VII investment assets subject to a power of attorney, whether or not the power has been 

exercised. 

The positions a filer may hold normally are determined by the filer’s status. Each category is 

affected by the Canons and statutes governing the creation and duties of the position held. Examples 

are as follows: 

Judges 

A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, 

except for the estate, trust, or person of a member of the judge’s family, and then only if such service 

will not interfere with the proper performance of judicial duties. “Member of the judge’s family means 

any relative of a judge by blood, adoption, or marriage or any other person treated by a judge as a 

member of the judge’s family.” (Canon 4E.) 

The duties of a co-trustee are, while nominal, fiduciary in nature. Canon 4E would seem to rule 

out service as fiduciary for a trust other than the trust of a family member. Service as a fiduciary for 

other than a member of the family is permitted to continue in limited circumstances, as provided in the 

Code’s “Applicable Date of Compliance” section, but this section seems to contemplate a relationship 

with an individual rather than with a pension plan. In any event, even such a non-family fiduciary 

relationship is to be terminated as stated in the Compliance section. (Advisory Opinion No. 33.) 

Persons to whom this Code applies should arrange their financial and fiduciary affairs as 

soon as reasonably possible to comply with it and should do so in any event within one year 

after appointment. If, however, the demands on the person’s time and the possibility of conflicts 

of interest are not substantial, such a person may continue to act, without compensation, as an 

executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a 

member of the person’s family if terminating the relationship would unnecessarily jeopardize any 

substantial interest of the estate or person and if the judicial council of the circuit approves. (Code of 

Conduct for United States Judges, Applicable Date of Compliance) 

 A judge may serve as a part-time special lecturer in law or as a faculty member at a law school. 

It is necessary for the judge to obtain advance approval from the chief judge of the circuit, or in the case 

of the chief judge from the judicial council, before engaging in teaching activity. The normal 

restrictions on extra judicial compensation apply; the compensation must be reasonable in amount, no 

greater than a similarly situated non-judge would receive for the same service; the 15% cap on outside 

earned income is applicable; and the payments must be included in Part III of the report. 
10 

 Senior judges designated in 5 U.S.C. 13144(b), (justices and senior judges) are excluded from 

the 15% cap on compensation received from approved teaching. Even if the Ethics Reform Act is 

satisfied, provisions of the Code of Conduct for United States Judges also must be satisfied. 

 Canon 4F exempts from its scope institutions “concerning the law, the legal system, or the 

administration of justice.” The Commentary to Canon 4A indicates that law schools fall within this 

exemption, stating expressly that “[t]eaching and serving on the board of a law school are permissible, 

but in the case of a for-profit law school, board service is limited to a nongoverning advisory board.” 

Thus, a judge generally may serve on a law school’s board of visitors (an advisory group assisting the 

law school dean), whether the law school is public or private, and may also serve on a law school’s 

board of trustees. (Ethics Deskbook for United States Judges, 8.03) 

Judges generally may serve on boards of directors or trustees of private colleges and 

universities, subject to the balance of the Code. Service on the governing board of a public college or 

university, however, implicates Canon 4F’s limitation on governmental appointments. Advisory 

Opinion 44 holds that service on a state board vested with authority to operate a public college or 

university violates Canon 4F. Service on the governing board of a state-related college or university is 

also prohibited. Service on nongoverning advisory boards may be permitted depending on the nature 

and scope of the board’s authority and function. (Ethics Deskbook for United States Judges, 8.03) 

A judge may hold and manage investments, including real estate, and engage in other 

remunerative activity, but should refrain from financial and business dealings that exploit the judicial 

position or involve the judge in frequent transactions or continuing business relationships with lawyers 

or other persons likely to come before the court on which the judge serves. (Code of Conduct for United 

States Judges, Canon 4, D(1)) 

 A judge may serve as an officer, director, active partner, manager, advisor, or employee of a 

business only if the business is closely held and controlled by members of the judge’s family. For this 

purpose, “members of the judge’s family” means persons related to the judge or the judge’s spouse 

within the third degree of relationship as defined in Canon 3C(3)(a), any other relative with whom the 

judge or the judge’s spouse maintains a close familial relationship, and the spouse of any of the 

foregoing. (Code of Conduct for United States Judges, Canon 4, D(2)) 

Judges who wish to participate in their communities through service on nonprofit boards are at 

liberty to do so, subject to certain restrictions discussed in Canon 4 of the Code of Conduct for United 

States Judges. In deciding whether to serve on a particular nonprofit board, judges should bear in mind 

the Code’s basic imperative that “[a] judge should avoid impropriety and the appearance of 

impropriety in all activities.” Canon 2. (Advisory Opinion No. 2.) 

The listing of a position as partner in a business in Part I ordinarily will require a listing of the 

income and value of the business in Part VII. If the partnership owns or trades in securities and the filer 

can influence the selection of assets for purchase or sale, the individual securities and transactions 

should be reported in Part VII. 
11 

Part-time Magistrate Judges 

Part-time United States magistrate judges render such service as judicial officers as is required 

by law. While so serving they may engage in the practice of law, but may not serve as counsel in any 

criminal action in any court of the United States, or act in any capacity that is inconsistent with the 

proper discharge of their office. Within such restrictions, they may engage in any other business, 

occupation, or employment which is not inconsistent with the expeditious, proper, and impartial 

performance of their duties as judicial officers. (28 U.S.C. 632(b).) 

Judicial Employees 

a. No covered senior employee, as defined in the Judicial Conference Regulations on Outside 

Earned Income, Honoraria, and Outside Employment, Guide to Judiciary Policy, Vol. 2, Part C, Ch. 10, 

 1020.35, shall: 

(1) affiliate with or be employed by a firm, partnership, association, corporation, or other entity 

to provide professional services which involve a fiduciary relationship for compensation; 

(2) permit the use of his or her name by any such firm, partnership, association, corporation, or 

other entity; 

(3) practice a profession which involves a fiduciary relationship for compensation; 

(4) serve for compensation as an officer or member of the board of any association, corporation, 

or other entity; or 

(5) receive compensation for teaching, without the prior notification and approval as herein 

provided. 

Note: Covered senior employees of the Court of International Trade or the Court of Federal 

Claims must obtain approval from the chief judges of those courts. Covered senior 

employees of the Tax Court must obtain approval from the chief judge of the Tax Court. 

Commissioners and covered senior employees of the Sentencing Commission shall obtain 

approval from the Chairman of the Sentencing Commission. Covered senior employees 

of the Administrative Office of the United States Courts must obtain approval from the 

Director of the Administrative Office. 

 

“Covered senior employees” means personnel who: (1) are listed in Sec. 1020.20(b)(1)-

(12) and (2) “whose rate of basic pay is equal to or greater than 120 percent of the 

minimum rate of basic pay payable for GS-15 of the General Schedule.” Guide to 

Judiciary Policy. 

b. Judicial Employees. A judicial employee may engage in such activities as civic, charitable, 

religious, professional, educational, cultural, avocational, social, fraternal, and recreational activities, 

and may speak, write, lecture, and teach. If such outside activities concern the law, the legal system, or 

the administration of justice, the judicial employee should first consult with the appointing authority. 

(Code of Conduct for Judicial Employees, Canon 4A.) 
12 

c. Federal Public Defenders. A defender employee should not engage in the private practice of 

law. Notwithstanding this prohibition, a defender employee may act pro se and may, without 

compensation, give legal advice to and draft or review documents for a member of the defender 

employee’s family, so long as such work does not present an appearance of impropriety and does not 

interfere with the defender employee’s primary responsibility to the defender office. (Code of Conduct 

for Federal Public Defender Employees, Canon 5D.) 

 
13 

Part II. Agreements

 List any agreement entered into by the filer with respect to: 

(a) future employment; 

(b) a leave of absence during government service; 

(c) continuation of payments by a former employer other than the United States; and 

(d) continuing participation in an employee welfare or benefit plan (defined benefit pension 

plan) maintained by a former employer. 

 Report the date, parties, and terms of the agreement for all agreements in existence at any time 

during the reporting period. 5 U.S.C. § 13104(a)(7). 

Any additional information e.g., an opinion from the Committee on Codes of Conduct, or 

approval from a Judicial Council that bears upon the question whether an agreement presents a 

potential conflict of interest problem or issue under the Code of Conduct for United States Judges should 

be provided in Part II or Part VIII with reference to any supporting documentation filed in FiDO under 

“Requests/Letters to the Committee - Miscellaneous.” 

II. AGREEMENTS. (Reporting individuals only; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 340 

Agreements and Arrangements) 

□ NONE (No Reportable agreements.) 

DATE PARTIES AND TERMS 

1. 2008 Jones & Smith Retirement Plan with former law firm, firm-managed 

asset selection 

2. 2001 State of Texas: Judicial Pension 

3. 

Note: 

 Provide the date(s), parties, and terms 

 The agreement should be permissible 

Commentary 

Continuation of payments by a former employer other than the United States 

 Advisory Opinion 24 explains that a judge may negotiate an agreement with his or her former 

law firm to buy out the judge’s financial interest in the firm or to compensate for services rendered by 

the judge while with the firm, including any interest in contingent fee matters. But a judge may not 

continue to share in profits of the prior employer after departure. Nor may payments to the judge be 
14 

conditioned on, or measured in any way by, the prior employer’s post-departure earnings. For 

example, in contingent fee matters, the judge may be compensated for the judge’s own efforts, but not 

for the firm’s efforts to bring the matter to resolution after the judge takes the bench. (Ethics Deskbook 

for United States Judges, 2.01 (a)) 

 The ideal separation agreement will provide the judge a lump-sum payment before or shortly 

after the judge takes the bench. It is appropriate, however, for a judge to accept periodic payments from 

a former law firm while on the bench. In this event, the judge must recuse from all cases in which the 

former firm appears for as long as the payments continue and for a reasonable time after the payments 

cease. (Ethics Deskbook for United States Judges, 2.01 (a)) 

Continuing participation in an employee welfare or benefit plan maintained by a former employer 

 Other relationships with a judge’s former law firm may raise recusal considerations. For 

example, if the firm continues to manage the judge’s pension or retirement accounts, the judge should 

recuse, subject to remittal, from cases in which the firm appears. This recusal obligation exists even 

when a judge’s retirement payments are fixed and thus not contingent on the firm’s income or the 

performance of the firm’s investment assets. If the former firm has purchased an annuity to fund the 

judge’s retirement benefits but the firm remains contingently liable, the judge should recuse from 

matters in which the firm appears. If, however, the judge and not the firm owns the annuity and the firm 

has no continuing liability, the judge need only recuse in cases pending before purchase of the annuity. 

(Ethics Deskbook for United States Judges, 2.01 (a)) 

Other Employment 

Part-time United States magistrate judges render such service as judicial officers as is required 

by law. While so serving, they may engage in the practice of law and, within certain restrictions, 

engage in any other employment which is not inconsistent with the expeditious, proper, and impartial 

performance of their duties as judicial officers. (28 U.S.C. 632.) 

A part-time judge is a judge who serves on a continuing or periodic basis, but is permitted by 

law to devote time to some other profession or occupation and whose compensation for that reason is 

less than that of a full-time judge. A part-time judge: (1) is not required to comply with Canons 4A(4), 

4A(5), 4D(2), 4E, and 4F; (2) except as provided in the Conflict-of-Interest Rules for Part-time 

Magistrate Judges, should not practice law in the court on which the judge serves or in any court 

subject to the appellate jurisdiction of the court on which the judge serves, or act as a lawyer in a 

proceeding in which the judge has served as a judge or in any other proceeding related thereto. 

The judge should take reasonable steps to require that law clerks keep the judge informed of 

their future employment plans and prospects. Participation by the law clerk in a pending case involving 

the prospective employer may reasonably create an appearance of impropriety and a cause for concern 

on the part of opposing counsel. A former law clerk should be disqualified from work in the United 

States attorney’s office on any cases that were pending in the court during the law clerk’s employment 

with the court. (Advisory Opinion Nos. 74 and 81 (summary).)

 
15 

Part III. Non-Investment Income

Each filer must report outside earned income in Part III A. Filer’s spouse’s reportable outside 

earned income is required in Part III B. 

Part III A - Filer 

 Report the date(s), source, type, and amount of income. Report gross non-investment income 

aggregating $200 or more from whatever source (except federal government employment), including but 

not limited to: compensation for services, including fees, commissions, etc.; income derived from 

business; royalties from intellectual property such as copyrights; and benefits from vested pension plans. 

Income derived from a business can be listed as net or gross and indicated as such. 5 U.S.C. § 13101(7). 

Honoraria are treated differently. 5 U.S.C. § 13104(a)(1)(A). See Outside Employment and Honoraria, 

below. 

Part III B – Filer’s Spouse 

Report only the date(s) and source of earned income from any source that exceeds $1,000, (other 

than from federal government employment). 

If a spouse is self-employed in business or a profession, only the nature of such business or 

profession and the words “self-employed” should be reported (e.g., self-employed attorney or selfemployed financial consultant). A spouse is “self-employed” with regard to the net earnings that exceed 

$1,000 derived from a profession or business carried on by the spouse as a sole proprietor or a 

partnership of which the spouse is a member. See Treas. Reg. 26 C.F.R. 1.1401-1(c). 

Report the date(s) on which the service(s) were provided, source, and actual dollar amount or 

value of any honoraria received by or accrued to the spouse (or payments made or to be made to charity 

on the spouse’s behalf in lieu of honoraria). 

Honoraria and Outside Employment 

Special attention should be given to the Judicial Conference Regulations on Outside Earned 

Income, Honoraria, and Outside Employment in the Guide to Judiciary Policy, Vol. 2, Part C, Ch. 10. 

Please note that all “judicial officers and employees” are subject to the regulations on honoraria 

while only “covered senior employees” are subject to the regulations on outside earned income and 

outside employment. 

Definition of Judicial Officer or Employee 

With very minor exceptions, all judiciary personnel are “judicial officers or employees.” The 

definition of “judicial officer or employee” can be found at Guide to Judiciary Policy, Vol. 2, Pt. C, Ch. 

10, § 1020.20(a)(1)-(10). (The exceptions include Justices, officers and employees of the Supreme 

Court, part-time magistrate judges, and officers and employees of the Federal Judicial Center. See 

Guide to Judiciary Policy, Vol. 2, Pt. C, Ch. 10, §1020(a)(10).) 

 
16 

Definition of Covered Senior Employees 

“Covered senior employees” means personnel who: (1) are listed in Sec. 1020.20(b)(1)-(12) and 

(2) “whose rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay 

payable for GS-15 of the General Schedule. Before reviewing the regulations on outside income and 

employment, it may be helpful to carefully review section 1020.20(b) in the Guide to Judiciary Policy.

Honoraria 

In accordance with the Ethics Reform Act of 1989, and the Judicial Conference regulations 

implementing this Act, all judicial officers and employees as defined in section 1020.20(a)(1)-(10) are 

prohibited from accepting honoraria for any “appearance, speech, or article.” Actual and necessary 

travel expenses incurred by the person and one relative are not deemed to constitute honoraria. 

5 U.S.C. 13143(b). 

 No judicial officer or employee may accept honoraria, but a payment may be made on behalf 

of such officer or employee to a charitable organization in lieu of the honorarium, so long as 

the payment does not exceed $2,000 and is not made to a charitable organization from which 

the filer or the filer’s parent, sibling, spouse, child, or dependent relative derives any 

financial benefit. 5 U.S.C. 13143(b) and (c). 5 U.S.C. § 13104(a)(1)(A). 

 Report donations made on behalf of the filer in Part III A. 

 Additionally, a confidential corresponding list of recipients is required. List all such 

payments, including the source, recipient, date, and amount of payments made to charitable 

organizations in lieu of honoraria on behalf of the filer via FiDO under Confidential List of 

Charitable Donations in Lieu of Honoraria. 

Any filer listing honoraria without the corresponding Confidential List of Charitable Donations 

will be questioned for clarification and may be referred to the Committee on Codes of Conduct for an 

advisory opinion. 

Commentary 

Judges may be compensated and reimbursed for teaching and training activities. Any 

compensation received by a judge must be reasonable and no greater than that received by a similarly 

situated nonjudge teacher. Compensation is also subject to the statutory cap on outside earned income 

under 5 U.S.C. §13143(a)(1) and 13144(b), explored in Section 9.02. Any outside income from teaching 

must receive prior approval from the chief judge of the circuit or, in the case of the chief judge, from the 

Judicial Council. Expense reimbursement is limited to reasonable actual costs of travel, food, and 

lodging incurred by the judge and, as appropriate, the judge’s spouse or relative. All payments related 

to teaching and training activities must be included in the judge’s annual financial disclosure report. 

(Ethics Deskbook for United States Judges, 7.03 (d)) 

 Although compensation from teaching and honoraria for speaking may appear similar, Advisory 

Opinion 86 provides that a judge may not treat a lecture stipend as an honorarium rather than teaching 

compensation. Similarly, although otherwise-prohibited honoraria may be diverted to charity under 5 

U.S.C. § 13143(c), judges may not do the same with lecturing stipends. Advisory Opinion 86 takes as 
17 

an example a judge who has already reached the outside earned income cap for a calendar year and 

plans to deliver a lecture in the same year for which the law school ordinarily would pay a stipend. The 

opinion states that it would be inadvisable to exclude a lecturing stipend from “outside earned income” 

if the stipend is paid directly to charity by the judge, unless the judge is confident that such funds would 

not be included in the judge’s gross income calculation for tax purposes. (Ethics Deskbook for United 

States Judges, 9.02 (d)) 

Outside Employment 

In accordance with the Ethics Reform Act of 1989, and the Judicial Conference regulations 

implementing this Act, covered senior employees, are prohibited from: 

 Receiving more than 15% of the pay rate for Executive Level II in earned income from 

outside employment if the officer or employee occupies a position classified above GS-15 of 

the General Schedule or, in the case of positions not under the General Schedule, for which 

the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay 

payable for GS-15 of the General Schedule and is not a career civil servant (see 5 U.S.C., 

5313 for the pay rate for Executive Level II). 5 U.S.C. 13143(a)(1). Those covered by the 

provisions of this Act for only a portion of a year must pro-rate the 15% on the basis of the 

number of days the person will actually work in that calendar year. 5 U.S.C. 13143(a)(2). 

 Being affiliated with or being employed by a firm, partnership, association, corporation, or 

other entity to provide professional services which involve a fiduciary relationship for 

compensation, serving for compensation as an officer or member of the board of any 

association, corporation, or other entity. 5 U.S.C. 13144. 

 Receiving compensation for teaching without prior notification and approval from the 

appropriate official, if the officer or employee occupies a position classified above GS-15 of 

the General Schedule or, in the case of positions not under the General Schedule, for which 

the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay 

payable for GS-15 of the General Schedule and is not a career civil servant. 5 U.S.C. 

13144. Procedures for requesting approval appear in 1020.35 of the Judicial Conference 

Regulations on Outside Earned Income, Honoraria, and Outside Employment, referenced in 

Appendix III. 

For 2023, the value of the limitation of 15 percent of the pay rate for Executive Level II in 

earned income from outside employment is $31,815. 

Difficulty may arise concerning what constitutes outside earned income (that is attributed solely 

to the filer and not to the spouse). The following lists common examples of compensated activities that 

are subject to the calendar year income limitation, less the ordinary and necessary expenses paid or 

incurred in producing the income: 

(1) teaching 

(2) serving as trustee of a family trust or executor of a family estate, and 

(3) writing (e.g., fees for writing a book chapter, but see below as to book royalties). 
18 

In addition, the following common examples do not constitute outside earned income and have 

no limitations imposed on the filer: 

(1) pensions, annuities, and deferred compensation for services rendered prior to becoming a 

judicial officer or senior employee, 

(2) investment funds, 

(3) funds received from a family-owned business, 

(4) publication royalties, fees, and their functional equivalent, and 

(5) compensation received by a senior judge for teaching. 

Commentary 

Please see Guide to Judiciary Policy, Vol. 2, Part C, Ch. 10, Outside Earned Income, Honoraria 

and Employment and Advisory Opinion No. 86, “Honoraria, Teaching, and Outside Earned Income 

Limitation,” for further detailed interpretations on these issues that may serve as a helpful guideline. 

 The full scope of a judge’s ability to serve as a fiduciary of an estate or trust is set forth in 

Canon 4E and Advisory Opinion 96. As relevant here, a judge who serves as a trustee for a family 

member may accept compensation for doing so, provided that the compensation is reasonable and not 

more than what a person who is not a judge would receive for the same work. The compensation must 

also accord with the balance of the Code—namely, it must be consistent with outside earned income 

restrictions and must not introduce an appearance of impropriety or give the appearance of influencing 

the judge. (Ethics Deskbook for United States Judges, 9.02 (d)) 

In Part III, you are not required to report the following: 

 compensation earned by you or your spouse for employment by the United States Federal 

Government. 5 U.S.C. § 13104(a)(1)(A). 

 filer’s income that from a single source did not aggregate $200 or more during the reporting 

period. 5 U.S.C. § 13104(a)(1)(A). 

 spouse’s earned income from a single source, if it did not aggregate more than $1,000 during 

the reporting period. 5 U.S.C. § 13104(e)(1)(A). 

 any information about dependent child’s non-investment income. 5 U.S.C. § 13104(e)(1)(A). 

 proceeds from life insurance policies. 

 annuity income from a contract purchased or owned by the filer or spouse, as this is required 

in Part VII.

 a “royalty” or any other payment from ownership or investment in oil, gas, or other mineral 

interests or enterprises, as this is required in Part VII.

 information with respect to a spouse living separate and apart with the intention of 

terminating the marriage or providing for permanent separation or with respect to any income 
19 

or obligations arising from the dissolution or permanent separation. 5 U.S.C. § 13104(e)(2). 

In this instance, mark the “NONE” box in Part III B. 

 any political campaign funds, including campaign receipts. 5 U.S.C. § 13104(g). 

 income derived from any retirement system under title 5, United States Code (including the 

Thrift Savings Plan under Subchapter III of Chapter 84 of such title) or any other retirement 

system maintained by the United States for officers or employees of the United States. 5 

U.S.C. § 13104(i)(1). 

 benefits received from Social Security. 5 U.S.C. § 13104(i)(2). 

 death benefits under insurance policies, gifts, inheritances, tort recoveries and other 

compensation for injuries and sickness, disability compensation, income tax refunds, and 

veteran’s benefits. 

 
20 

III. NON-INVESTMENT INCOME. (Reporting individual and spouse; see Guide to Judiciary Policy, 

Volume 2D, § 320 Income; § 360 Spouses and Dependent Children.) 

A. Filer’s Non-Investment Income - 

□ NONE (No reportable non-investment income.) 

DATE SOURCE AND TYPE GROSS AMOUNT 

1. 2023 East Publishing Company, book royalties $6,500.00 

2. 2023 WV Law School, teaching income $4,500.00 

3. 2023 Management fees as Trustee for Family Trust #1 $5,000.00 

B. Spouse's Non-Investment Income - If you were married during any portion of the reporting year, complete this 

section 

(dollar amount not required except for honoraria

□ NONE (No reportable non-investment income.)

DATE SOURCE 

1. 2023 Nelson and Murdock Law Office 

2. 2023 self-employed writer 

3. 2023 Rand Enterprises, Honoraria: $180 

4. 2023 Teachers Retirement System of Texas Annuity 

Note: 

 Confirm whether the filer's income is subject to the 15% limitation ($31,815 for 2023) 

 If applicable, review the special rules for accepting and reporting honoraria (page 18) 

 Commentary 

No income should be disclosed in this part if it is derived from an investment asset that should be 

reported in Part VII. Thus, a “royalty” received from the use or sale of copyright, patent, or other 

legally recognized intellectual property rights should be reported in Part III, but a “royalty” or other 

payment from ownership or investment in oil, gas, or other mineral interests or enterprises should be 

disclosed in Part VII. 

Annuity Income: Income received from an annuity purchased by the filer (or transferred to the 

filer) should be reported in Part VII rather than in Part III as it represents a return on the filer’s 
21 

investment. Similarly, where a filer has converted an IRA or other account to an annuity, the value of 

the annuity and income paid pursuant to the annuity should be reported in Part VII as an investment 

asset. Income received from an annuity that was purchased and is owned by an employer, and in which 

the filer does not have ownership of the contract or the underlying assets, should be reported in Part III 

as a form of deferred compensation. 

 
22 

Part IV. Reimbursements 

Report information about reimbursements received by the filer, spouse, and dependent children. 

However, reimbursements received totally independent of the relationship to the filer by spouse and/or 

dependent child are not required to be reported. 5. U.S.C. §§ 13104(a)(2)(A) and (C); and 

13104(e)(1)(C) and (D). 

 A reimbursement means any payment or other thing of value to cover travel related expenses, 

other than gifts, whether those expenses were paid directly by a third party or the filer was paid after 

submitting a travel voucher. Examples of reportable reimbursements include seminars, moot court 

competitions, judges’ association meetings, and other similar activities where your expenses (travel, 

food, lodging, seminar fees, and other miscellaneous fees) are paid by a non-governmental organization 

or a private party. 5 U.S.C. § 13101(15). 

Identify the source of funding, the dates of travel, the location of the trip, the purpose for the trip, 

and nature of expenses provided, for reimbursements received from any single source aggregating more 

than $480 in value. It is not necessary to include the dollar value of a travel reimbursement. 5 U.S.C. § 

13104(a)(2)(B). 

Travel-related gifts and reimbursements. For 2023 and future reports, transportation, as well as 

food, lodging, and entertainment not otherwise exempt under the personal hospitality gift reporting 

exception, should be reported as a gift of travel in certain circumstances, rather than as a reimbursement. 

For in-kind transportation, food, and lodging and for payment of necessary travel expenses for 

professional activities such as seminars, moot court competitions, judges’ association meetings, and 

speaking engagements, it will usually be appropriate to report such in-kind travel or payment of 

necessary travel expenses as reimbursements. However, in-kind travel and payment for other than 

professional activities, such as travel for recreation, relaxation, or enjoyment, usually should be reported 

as gifts. This includes reporting the value of such gifts. 

In Part IV, you are not required to report the following: 

 reimbursements received by your spouse and dependent children, independently of their 

relationship to you. 5 U.S.C. § 13104(e)(1)(C) and (D). 

 reimbursements received in a period when you were not an officer or employee of the federal 

government. 5 U.S.C. § 13104(h). 

 reimbursements provided by a foreign government within a foreign country or by the United 

States, the District of Columbia, or a state or local government or political subdivision 

thereof; required to be reported under 5 U.S.C. 7342; or required to be reported under 52 

U.S.C. 30104. 5 U.S.C. § 13101(15). 

Officers and employees are prohibited from soliciting or accepting anything of value from a 

person seeking official action from, doing business with, or whose interests would be substantially 

affected by, the performance or nonperformance of official duties. 5 U.S.C. 7353. This prohibition 

applies to all reimbursements and gifts covered in Parts IV and V of the Financial Disclosure Report. 
23 

IV. REIMBURSEMENTS 

(Includes those to spouse and dependent children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 330 Gifts and 

Reimbursements; § 360 Spouses and Dependent Children.)

□ NONE (No reportable reimbursements.)

SOURCE DATES LOCATION PURPOSE

 ITEMS 

PAID/PROVIDED

1. ABC Foundation June 9, 2023 

Haymarket, 

VA 

 Board of 

Directors 

Meeting 

Transportation, meals, hotel 

2. ABA -National 

August 7-11, 

2023 

Butte, MT 

 Social Media 

Surveillance 

Seminar 

Transportation, meals, 

lodging, tuition 

3. VA CLE Nov 7-8, 2023 

 Williamsburg, 

VA 

 TAX CLE 

(teaching) 

 Transportation, food, hotel 

4. 

Note: 

 Consider whether the reimbursement may properly be accepted by you, your spouse, or 

dependent child 

 Commentary 

The following guidance from the Committee on Codes of Conduct relates to issues associated 

with this part. 

Section 5(b)(3) [now 620.35(b)(3)] of the Gift Regulations specifically authorizes acceptance 

of an invitation and travel expenses for the judge and a family member to attend bar-related functions. 

We see no impropriety if a judge and spouse are reimbursed for hotel and travel expenses reasonably 

required for their attendance at dinners and similar social events sponsored by lawyer organizations 

such as bar associations. An appearance of impropriety might arise, however, if the hospitality was 

extended by lawyer organizations identified with a particular viewpoint regularly advanced in litigation. 

(Advisory Opinion No. 17) 

A judge participating as a faculty member in a two-week seminar of general interest organized 

on a nonprofit basis and financed by tuition and subsistence payments by non-faculty attendees may 

accept reimbursement for the judge’s and the judge’s spouse’s travel and subsistence expenses. 

(Advisory Opinion No. 3.) 

A judicial employee may receive compensation and reimbursement of expenses for outside 

activities provided that receipt of such compensation and reimbursement is not prohibited or restricted 

by this Code, the Ethics Reform Act, and other applicable law, and provided that the source or amount 

of such payments does not influence or give the appearance of influencing the judicial employee in the 
24 

performance of official duties or otherwise give the appearance of impropriety. Expense reimbursement 

should be limited to the actual cost of travel, food and lodging reasonably incurred by a judicial 

employee and, where appropriate to the occasion, by the judicial employee’s spouse or relative. Any 

payment in excess of such an amount is compensation. (Code of Conduct for Judicial Employees, 

Canon 4E.)

Please see Guide to Judiciary Policy, Vol. 2, Part C, Ch. 10, Outside Earned Income, Honoraria and 

Employment for further information. 

 
25 

Part V. Gifts

Report information on gifts aggregating more than $480 in value received by the filer, spouse, 

and dependent child from any source other than a relative during the reporting period. Any gift with a 

fair market value of $192 or less need not be aggregated to determine if the $480 reporting threshold has 

been met. 5 U.S.C. § 13104(a)(2)(A). 

A gift is a payment, advance, forbearance, rendering, or deposit of money, or anything of value, 

unless consideration of equal or greater value is received by the donor. 5 U.S.C. § 13101(5). 

Food, lodging, or entertainment received as personal hospitality need not be reported. Personal 

hospitality of any individual means hospitality extended for a nonbusiness purpose by an individual, not 

a corporation or organization, at the personal residence of that individual or his or her family or on 

property or facilities owned by that individual or his or her family. 5 U.S.C. § 13101(14). 

The personal hospitality gift reporting exemption applies only to food, lodging, or entertainment 

and is intended to cover such gifts of a personal, non-business nature. Therefore, the reporting 

exemption does not include: 

 gifts other than food, lodging or entertainment, such as transportation that substitutes for 

commercial transportation; 

 gifts extended for a business purpose; 

 gifts extended at property or facilities owned by an entity, rather than by an individual or an 

individual’s family, even if the entity is owned wholly or in part by an individual or an 

individual’s family; 

 gifts paid for by any individual or entity other than the individual providing the hospitality, or 

for which the individual providing the hospitality receives reimbursement or a tax deduction 

related to furnishing the hospitality; or 

 gifts extended at a commercial property, e.g., a resort or restaurant, or at a property that is 

regularly rented out to others for a business purpose. 

A judicial officer or employee is not permitted to solicit or accept anything of value from a 

person seeking official action from or doing business with the court or other entity served by the judicial 

officer or employee, or from any other person whose interests may be substantially affected by the 

performance or nonperformance of the judge’s official duties, but a judicial officer or employee may 

accept a gift authorized by the Judicial Conference’s regulations. See 5 U.S.C. § 7353; Guide to 

Judiciary Policy, Vol. 2C, Ch.6. 

If you have been extended an honorary membership in an organization and you avail yourself of 

the privileges, rights, etc., to a substantial degree, and the dues are in excess of $480 per year, you must 

report the honorary membership in this part. Judges are prohibited by Pub. L. No. 110-402 from 

accepting honorary club memberships with a value greater than $50.
26 

In Part V, you are not required to report the following: 

 gifts received from a relative. 5 U.S.C. § 13104(a)(2)(A). 

 Relative means one who is related to the reporting person, as father, mother, son, daughter, 

brother, sister, uncle, aunt, great uncle, great aunt, first cousin, nephew, niece, husband, wife, 

grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, 

daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, 

stepbrother, stepsister, half-brother, half-sister, or who is the grandfather or grandmother of the 

spouse of the reporting person, and shall be deemed to include the fiancé or fiancée of the 

reporting person. 5 U.S.C. § 13101(16). 

 gifts received by a spouse and dependent children, totally independent of their 

relationship to you. 5 U.S.C. § 13104(e)(1)(C). 

 gifts received in a period when you were not an officer or employee of the federal 

government. 5 U.S.C. § 13104(h). 

 gifts that are bequests and other forms of inheritance. 5 U.S.C. § 13101(5)(A). 

 communications to the offices of a filer, including subscriptions to newspapers and 

periodicals. 5 U.S.C. § 13101(5)(E). 

 suitable mementos of a function honoring the filer. 5 U.S.C. § 13101(5)(B). 

 gifts for which the filer has been granted a waiver from disclosure by the Committee under 5 

U.S.C. § 13104(a)(2)(C) and Guide to Judiciary Policy, Vol. 2D, Ch. 3, § 330.60 Waiver 

Rule in the Case of Certain Gifts. Waivers of financial disclosure shall be made public as a 

note in Part VIII. Additional Information or Explanations that includes the date of the request 

and the date of the grant of the waiver. 

V. GIFTS. (Includes those to spouse and dependent children; see Guide to Judiciary Policy, Volume 2D, § 330 Gifts and 

Reimbursements; § 360 Spouses and Dependent Children.)

□ NONE (No reportable gifts.)

SOURCE DESCRIPTION VALUE

1. Kurt Sloane Tickets to World Kickboxing Championship $1500.00 

2. The Inns of Court Honorary Membership (dues, like privileges) $1200.00 

3. 

Note: 

 Identify the source by name, description of the gift, and actual dollar value. 

 Consider whether the gift may properly be accepted by you, your spouse, or dependent child. 

 
27 

Commentary 

 If a stock is listed as a gift, the stock should also be reported in Part VII, Investments and 

Trusts, and “(X)” should be added to the description in Column A to explain the appearance of the new 

asset in Part VII. 

 The value of a gift is shown by a dollar amount, not by a value code. 

If the gift is from an individual, the individual must be specifically named. It is not acceptable to 

identify the source of the gift as “boyfriend,” “girlfriend,” “friend,” or “significant other.” 

Investitures and Similar Ceremonies 

 Under the Gifts Regulations, permissible investiture-related gift-givers include friends, Advisory 

Opinion 98 lists several examples of investiture related gifts that the Committee [on Codes of Conduct] 

has found to be appropriate: 

 a judicial robe from former law partners; 

 a clock from a bar association; 

 a chair from former state judicial colleagues; and 

 a gavel and a $500 monetary gift from a former client. 

 In most cases, acceptance of an investiture-related gift will require the judge’s recusal in all 

matters involving the donor. Where the gift is given by a group and the cost is proportionately 

shared, recusal may not be necessary if the amount contributed per donor is “relatively small.” 

In determining whether to recuse, and for what period of time, the judge should be guided by Canon 

3C(1). 

 Advisory Opinion 98 also cautions that judges should not accept investiture-related gifts from an 

entity with which the judge could not permissibly affiliate under the Code. A judge should not 

accept investiture-related gifts from an entity which: 

 identifies publicly with a controversial legal, social, or political position; 

 regularly engages in adversarial proceedings in federal court; or 

 is a political organization or publicly engages in political activity. 

 In no event may a judge solicit gifts. Even when gifts are permissible under the Code and the 

Gift Regulations, judges must remain cognizant of financial-reporting obligations, which may require 

disclosure of certain gifts. (Ethics Deskbook for United States Judges, 2.02 (a)) 

 May a judge accept a gavel and a gift valued at $500 from a former client in honor of the judge’s 

investiture? What about from the local bar association? What about from an attorney acquaintance? 

Yes, yes, and probably no. An investiture gift from a former client or bar association is a gift incident to 

a public testimonial and is permitted under the Gift Regulations. A gift from an attorney acquaintance 

who is likely to appear before the court and who is not a close personal friend of the judge is prohibited 
28 

by the Gift Regulations. (Ethics Deskbook for United States Judges, 2, Examples: Investiture-Related 

Gifts and Receptions) 

 A judge must be cautious if an award is presented in conjunction with a fund-raising dinner or 

event. The Commentary to Canon 4C states that "[a] judge may attend fund-raising activities of lawrelated and other organizations although the judge may not be a speaker, a guest of honor, or featured 

on the program of such an event." When a judge is chosen to receive an award, it would appear likely 

that the judge would be either a "guest of honor" or a "speaker" at such an event. Additionally, the 

judge should consider whether the judge's presence is being employed as a device to promote publicity 

and the sale of tickets. (Advisory Opinion No. 46). 

Gifts on Special Occasions 

A circuit judge’s assistant has coordinated a dinner to be attended by the judge’s former clerks 

to celebrate the judge’s 20th year on the bench. The attendees would like to gift the judge and his wife a 

cruise vacation valued at $1,500. May they do so? Yes. The gift satisfies the Gift Regulations’ “special 

occasion” exception. It is fairly commensurate with the occasion and the relationship between the judge 

and former clerks. The best course for the sponsor in this situation (to avoid abuse of the special 

occasion rule) is to first select a gift and then seek contributions rather than raising as much money as 

possible and then selecting a gift. (Ethics Deskbook for United States Judges, 9, Examples: 

Compensation and Reimbursement) 

 A covered senior employee may, under § 1020.25(b)(6), determine outside earned income in a 

manner consistent with his or her income tax return, or may allocate any amount received in a calendar 

year over two or more years pursuant to a good faith allocation reflecting the work done. 

Certain persons and entities have historically fallen within the “safe zone” for hosting 

investiture-related receptions. For example, a judge may accept an investiture-related reception hosted 

by a bar association, which generally will not create an appearance of impropriety. A judge also may 

accept an offer to sponsor or contribute to a reception from a former law firm, corporate employer, 

business client, or group of colleagues. Under the Gift Regulations, such an offer may be properly 

considered either (1) a gift from a friend, assuming the gift is commensurate with the occasion and 

relationship, or (2) a gift incident to a public testimonial. The judge will likely already be planning to 

recuse from cases in which such persons or entities appear for a specified period of time, eliminating 

any appearance-of-impropriety concerns. 

 A more difficult issue arises with persons and entities not closely connected to the judge. For 

example, ethical concerns may arise when a reception is sponsored or financially supported by a forprofit corporation. Such circumstances raise appearance-of-impropriety concerns under Canon 2 and 

suggest that the corporation may be in a special position to influence the judge in contravention of 

Canon 2B. Relatedly, judges should not accept an offer to host or sponsor an investiture reception from 

a political organization or from persons or entities that take positions on controversial legal, social, or 

political issues that regularly litigate in federal court. (Ethics Deskbook for United States Judges, 

2.02 (b)) 
29 

May a judge permit a local for-profit organization to host a reception to honor the judge’s 

investiture when the judge has no preexisting relationship with the organization and would not 

otherwise be required to recuse from matters involving the organization? No. This would convey the 

impression that the organization was in a unique position to influence the judge in violation of the Code 

and the Gift Regulations. (Ethics Deskbook for United States Judges, 2, Examples: InvestitureRelated Gifts and Receptions) 

Commentary 

It is permissible for a judge to attend and accept hospitality at bar association events and 

meetings of other organizations devoted to improvement of the law, legal system, or the administration 

of justice. With respect to attendance at cocktail parties hosted by law firms in connection with bar 

meetings, judicial conferences, and the like, there is no impropriety in a judge accepting such invitations 

in the absence of reason to believe that such attendance will reasonably reflect unfavorably on the 

judge’s impartiality or is likely to be exploited by the law firm. (Advisory Opinion No. 17.) 

The Gift Regulations include a number of exceptions to the prohibition against accepting gifts. 

Note that there are no exceptions to the prohibition against soliciting gifts. Under Section 620.35 of the 

Gift Regulations, a judicial officer or employee may accept (but not solicit) a gift in the following 

circumstances: 

 Public Testimonials. A gift made incident to a public testimonial and fairly commensurate with 

the occasion. 

 Complimentary Resources. A gift consisting of complimentary books, calendars, tapes, or other 

resource materials supplied for official use. 

 Reimbursement for Law-Related Travel. A gift consisting of an invitation and travel expenses—

including transportation, food, and lodging for the judge or employee and a family member 

traveling with the judge or employee—to attend bar-related functions, educational activities, or 

other activities devoted to improvement of the law, legal system, or administration of justice. 

 Close Relatives and Friends. A gift made by a relative or friend of the judicial officer or 

employee, if that person’s appearance or interest in a matter otherwise would disqualify the 

judicial officer or employee from participating with respect to the matter, or if the gift is made in 

connection with a special occasion (for example, a wedding, anniversary, or birthday) and is 

fairly commensurate with the occasion and the relationship. (Ethics Deskbook for United States 

Judges, § 9.03) 

A judge should comply with the restrictions on acceptance of gifts and the prohibition on solicitation 

of gifts set forth in the Judicial Conference Gift Regulations. A judge should endeavor to prevent any 

member of the judge’s family residing in the household from soliciting or accepting a gift except to the 

extent that a judge would be permitted to do so by the Judicial Conference Gift Regulations. A “member 

of the judge’s family” means any relative of a judge by blood, adoption, or marriage, or any person 

treated by a judge as a member of the judge’s family. (Canon 4, D(4)) 

 
30 

Honorary/Reduced-Rate Memberships 

It is permissible for a judge to accept a free or reduced fee membership in a professional group 

or service organization, including a waiver or reduction in the initiation fee in such organization if it is 

customary in that community, similar privileges are extended to other public officials, the interests of 

the organizations have not and are not likely to come before the judge, and the judge is satisfied that the 

membership is not being used by the organization to promote its endeavors. Notwithstanding these 

provisions, judges are prohibited by Pub. L. No. 110-402 from accepting free or reduced fee 

memberships in social clubs if such memberships are valued more than $50. (Advisory Opinion No. 47.) 

 Judges are regularly offered complimentary or discounted membership in recreational and social 

clubs, as well as in professional associations. In 2008, Congress amended 5 U.S.C. § 7353 to include a 

statutory note concerning acceptance of honorary club memberships by federal judges. That section 

provides: “A judicial officer may not accept a gift of an honorary club membership with a value of more 

than $50 in any calendar year.” Guidance issued by the Director of the Administrative Office of the 

United States Courts in the immediate wake of the statute’s enactment concludes that the statute applies 

to Article III judges as well as bankruptcy and magistrate judges. The Director’s memorandum also 

addresses the scope of the prohibition, advising that it extends to recreational and social clubs (such as 

country clubs, athletic clubs, or dining clubs) but does not apply to memberships in professional 

associations (such as bar associations). (Ethics Deskbook for United States Judges, 8.05) 

 
31 

Part VI. Liabilities

List all the filer’s, spouse’s, and dependent children’s liabilities to any creditor other than a 

spouse, parent, brother, sister, or child, that exceeded $10,000 at any time during the reporting period. 

However, you are not required to report any revolving charge account whose balance did not exceed 

$10,000 as of the last day of the reporting period. 5 U.S.C. §§ 13104(a)(4) and 13104(e)(1)(E). 

In this part, list the identity and category of value of each liability. The identity includes the 

name of the creditor and a description of the liability. 5 U.S.C. § 13104(a)(4). 

The value codes for the amount owed as of the end of the reporting period governed by 5 U.S.C. 

§ 13104(d)(1) of the Act and are shown on the report as follows: 

J - $15,000 or less O - $500,001 to $1,000,000 

K - $15,001 to $50,000 P1 - $1,000,001 to $5,000,000 

L - $50,001 to $100,000 P2 - $5,000,001 to $25,000,000 

M - $100,001 to $250,000 P3 - $25,000,001 to $50,000,000 

N - $250,001 to $500,000 P4 - more than $50,000,000 

For ongoing obligations such as tuition agreements, reportability turns on the terms of the 

obligation itself. For tuition agreements, the obligation is reportable as a liability if the filer, spouse, or 

child is obligated to make payments that total more than $10,000 during the reporting period, regardless 

of whether the student continues in the school. 

The reporting requirement relates to obligations that at any time during the reporting period 

exceeded $10,000, but the amount to be shown in the Value Code column is the amount owed as of the 

end of the reporting period. If the debt was entirely repaid before the end of the reporting period, enter 

“None” in the Value Code column. 

In Part VI, you are not required to report the following: 

 any liability owed to a spouse, parent, brother, sister, or child. 5 U.S.C. § 13104(a)(4). 

 any mortgage, home equity loan, or line of credit secured by real property that is a personal 

residence of you or your spouse. 5 U.S.C. § 13104(a)(4)(A). 

 any loan secured by a personal motor vehicle, household furniture, or appliances that does 

not exceed the purchase price of the item securing the liability. 5 U.S.C. § 13104(a)(4)(B). 

 any information with respect to a spouse living separate and apart from you with the 

intention of terminating the marriage or providing for permanent separation or with respect to 

any income or obligations arising from the dissolution of the marriage or permanent 

separation. 5 U.S.C. § 13104(e)(2). 

 any revolving charge account (credit cards) whose balance did not exceed $10,000 as of the 

close of the reporting period. 
32 

 political campaign funds, including campaign receipts and expenditures. 5 U.S.C. § 

13104(g). 

 any liability that is the sole liability or responsibility of the spouse or child; that is not 

derived from the assets, income, or activities of the reporting person; from which the 

reporting person does not derive or expect to derive a benefit; and of which the reporting 

person has no knowledge. 5 U.S.C. § 13104(e)(1)(E). Omission of such data indicates a 

certification of these statutory conditions. This rule also applies to the reporting of 

investments and trusts, see the Instructions for Part VII 

VI. LIABILITIES. (Includes those of spouse and dependent children; see Guide to Judiciary Policy, Volume 2D, § 

335 Liabilities; § 360 Spouses and Dependent Children.)

□ NONE (No reportable liabilities.)

CREDITOR DESCRIPTION VALUE CODE 

1. Bank of America Credit Card L 

2. Fargo Federal Credit Union Mortgage on Rental Property #1, 

Washington, DC (Part VII, line 2) N 

3. Scrooge McDuck University Tuition Agreements None 

Note: 

 Identify the creditor and provide a description of the liability and a value code, if applicable, for 

the amount 

 Provide a listing of corresponding assets in Part VII (e.g., Rental Property #1, Washington, DC), 

if an investment property mortgage is included in this Part 

 
33 

Part VII. Investments and Trusts

A complete listing is required of reportable assets owned by the reporting person, spouse, and 

dependent children. Reportable assets include stocks, bonds, mutual funds, cash equivalent/bank 

accounts, and notes or accounts receivable, that have a fair market value in excess of $1,000 or from 

which you received income in excess of $200 during the reporting period. 5 U.S.C. §§ 13104(a)(3) and 

13104(a)(1)(B). Assets must be listed individually regardless of whether they are held 

independently or as part of an account. Types of accounts include, but are not limited to: 

brokerage accounts, 401Ks (any type of retirement accounts), educational savings (529) plans, 

variable annuity products, and/or variable life insurance policies. 

 Cash accounts in a bank, savings and loan association, credit union, or similar financial 

institution which have an aggregate value at the end of the reporting period of more than $5,000, or from 

which you earned interest income in excess of $200 during the reporting period, must be listed. If either 

condition is met, the name of the financial institution, the amount of income, and the value of the 

accounts must be listed. 5 U.S.C. §§ 13104 (a)(1)(B) and 5 U.S.C. §§ 13104 (a)(3). 

Report assets that were held in a trade or business that were held for investment or the 

production of income, or if they were passive assets (not actively used in the trade or business), if any of 

the assets had: a fair market value in excess of $1,000 or from which you received income in excess of 

$200 during the reporting period. 

 

Information pertaining to a personal residence is exempted from reporting, unless the property 

generates rental income. 

Compare the list of assets in Part VII from the prior report to those in the current report and 

ensure that an explanation is provided for every asset that does not appear on both reports. For example, 

an asset that was reported as “Sold” in the prior report should not be listed in the current report unless it 

was purchased anew during the current reporting period (reflected as such on the report with acquisition 

details in Column D or “(X)” on Column A). 

Include an “(X)” at the end of the asset description in Column A to explain the appearance of an 

asset for which there is not a corresponding reportable transaction in Column D. Some examples 

include: 

 assets that increased in value to over $1,000 (or the income earned is over $200) 

 assets inherited 

 assets now reportable due to marriage 

Include a “(Y)” at the end of the asset description in Column A to explain the omission of a 

previously reportable asset for which there is not a corresponding reportable transaction in Column D. 

Some examples include: 

 assets that drop below the $1,000 reporting thresholds (and the income earned is less than 

$200) 

 assets owned by a former spouse 

 assets held by a child that is no longer a dependent 
34 

Investment income is to be contrasted with earned income. If the filer’s services are a material 

factor in the production of income, it is earned income and should be reported in Part III. However, 

limited partners usually receive investment income from the partnership, since they normally do not 

perform services for the partnership. 

Investment income includes returns on investments rather than compensation for personal 

services. It includes income derived from all forms of property, such as securities, funds, accounts, real 

estate, partnerships, joint ventures, businesses, and interests in trusts and estates. 

Excepted Investment Funds 

A fund is an excepted investment fund if:

1) it is widely held; 

2) it is publicly traded or the assets of the fund are widely diversified; and 

3) the reporting individual neither owns, exercises control over, nor has the ability to exercise 

control over the financial interests held by the fund. 5 U.S.C. § 13104(f)(8). 

Publicly traded mutual funds and exchange-traded funds (ETFs) registered with the 

Securities and Exchange Commission qualify as excepted investment funds. 

Mutual funds and ETFs that qualify as an “excepted investment fund” for financial disclosure 

reporting also likely qualify as a “safe harbor” from a financial conflict of interest under the Code of 

Conduct for United States Judges with respect to assets held by the fund, but judges should evaluate all 

of their financial holdings for potential conflicts that may require disqualification. See Canon 3C(1)(c), 

(3); Advisory Opinion No. 106 (“[I]nvestment in a mutual fund does not convey an ownership interest in 

the companies whose stock the fund holds.”) 

In a managed asset account (i.e., separately managed account), the individual investor owns (or 

has an ownership interest in) the assets within the account, but all or most investment and transaction 

decisions related to the account are within the discretion and control of an account manager. Such an 

account is not an excepted investment fund. Similarly, in a defined contribution plan (e.g., 401(k), IRA, 

457(b), 403(b)), the contributor has an equity interest in the amounts deposited into his account, 

therefore such a plan is not an excepted investment fund. 

Trusts 

The reporting of a position in Part I as trustee or similar position requires a listing in Part VII of 

the assets involved if you, your spouse, or any of your dependent children (1) receives income from the 

trust or estate, or (2) has a beneficial interest in principal or income from the trust or estate. A reporting 

person who is required to report any trust, etc., must report the separate assets of the trust or estate.

However, the reporting person need not report the separate assets of a trust:

(1) that was not created directly by the reporting person, his spouse, or any dependent child; and

(2) if the filer, his spouse, or any dependent child has no knowledge of the holdings or sources of 

income. 5 U.S.C. § 13104(f)(2). 
35 

Revocable Living Trust 

 Nothing in this section requires the reporting of the holdings or income of a revocable inter vivos 

trust (also known as a living trust ) with respect to which the filer, the filer’s spouse, or dependent child 

has only a remainder interest, vested or not, provided that the grantor of the trust is neither the filer, the 

filer’s spouse, nor the filer’s dependent child. 

 Furthermore, nothing in this section requires the reporting of the holdings or income from the 

holdings of a revocable inter vivos trust from which the filer, the filer’s spouse, or dependent child 

receives any discretionary distribution, provided that the grantor of the trust is neither the filer, nor the 

filer’s spouse, nor the filer’s dependent child. Distributions from the trust received by the filer, the 

filer’s spouse, or the filer’s dependent child are reportable as income from the trust. 

An unfunded trust need not be listed in Part VII although the position of Trustee may need to be 

listed in Part I. If a trust: 1) has been established to receive proceeds of a life insurance policy, 2) the 

insured person is still living, and 3) the trust has no asset valued at more than $1,000, the filer should 

either, include “unfunded trust” in Part I or include a note in Part VIII that this is an “unfunded trust.” 

Similarly, a trust whose sole asset is a term life insurance policy need not be listed in Part VII, as 

term insurance is not regarded as an investment asset, but if the trust was disclosed in Part I, the filer 

should include a note in Parts I or VIII explaining that it is an “unfunded trust.” 

Qualified Blind Trust (Employees Other Than Judges) 

A qualified blind trust is subject to special rules. 5 U.S.C. § 13104(f). 

The reporting person, other than a judge, is not required to report in Column A the individual 

assets of a “qualified blind trust.” 5 U.S.C. § 13104(f)(1). Blind trusts are inconsistent with the judge’s 

recusal obligations under the Code of Conduct for United States Judges (Canon 3C(2)). Other judicial 

employees may own beneficial interests in qualified blind trusts, as defined and conditioned in the 

pertinent statutes. Judicial employees considering the establishment of a qualified blind trust are 

directed specifically to 5 U.S.C. § 13104(f)(3)(D), which requires approval by the Committee on 

Financial Disclosure. 

In Part VII, you are not required to report the following:

 Investments in the Thrift Savings Plan. 5 U.S.C. § 13104(i)(1)(A). 

 Any property, real or personal, not held in a trade or business, or for investment or the 

production of income. As examples, you need not report a private residence or personal 

automobiles. 5 U.S.C. § 13104(a)(3). 

 Any personal liability owed to you, your spouse, or dependent children by a spouse, or by a 

parent, brother, sister, or child of you or your spouse. 5 U.S.C. §§ 13104(a)(3) and 102(e)(1). 

 Accounts in a bank, savings and loan association, credit union, or similar financial 

institution, unless the aggregate amount of income for all accounts at the institution is in 
36 

excess of $200, or the aggregate value at the end of the reporting period is more than $5,000. 

If either condition is met, the name of the financial institution, the amount of income, and the 

value of the accounts must be disclosed. 5 U.S.C. §§ 13104(a)(1)(B) and 13104(a)(3). 

 Asset information with respect to a spouse living separate and apart with the intention of 

terminating the marriage or providing for permanent separation. 5 U.S.C. § 13104(e)(2). 

 Political campaign funds, including campaign receipts and expenditures. 5 U.S.C. § 

13104(g). 

 In Part VII, information associated with property that is the sole financial interest or 

responsibility of the spouse or child; that is not derived from the assets, income or activities 

of the reporting person; from which the reporting person does not derive or expect to derive a 

benefit; and of which the reporting person has no knowledge. 5 U.S.C. § 13104(e)(1)(E). 

Omission of such data indicates a certification of these statutory conditions. This rule also 

applies to the reporting of liabilities; see the Instructions for Part VI. 

 Commentary 

It should be understood that a reporting exemption for failure to meet a threshold amount, or for 

any other reason, does not affect any inquiry or recusal obligation under the Code of Conduct for 

United States Judges. 

 
37 

Example 

VII. INVESTMENTS AND TRUSTS– income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 Types of 

Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and Exchanges; § 360 

Spouses and Dependent Children; § 365 Trusts, Estates, and Investment Funds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period 

(1) 

Amt. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

 mm/dd/yy

(3) 

Value

(4) 

 Gain

1. Estate #1 (H) 

2. - ABC House (June 2020) (X) None K Q 

3. - Rental Property, Cherokee 

County, AL ($1,200,000) 

B Rent P1 S 

4. Trust #1 (H) 

5. - Cities Tale preferred stock A Dividend J T 

6. - Wayne Enterprises Note B Interest L T 

7. - Central City Water Bond A Interest Redeemed 01/02/23 J 

8. Investment Account #1 (H) 

9. - Ameriprise Money Market Acct. A Interest J T 

10. - Columbia Intermediate Bond 

Fund

A Dividend M T Buy 03/11/23 L 

11. Buy 

(addl)

06/12/23 L 

12. - Apple common stock B Dividend L T Sold 

(part) 

03/11/23 J A 

13. Mass Mutual Variable Life (H)

14. - Fidelity Blue Chip Growth Fund A Dividend J T 

15. - Vanguard S&P 500 Index Fund A Dividend M T 

16. Rental Property, Washington, DC 

(1994, $500,000)

E Rent O R 

17. Gringotts Bank cash accounts B Interest L T Open 01/01/23 L 

18. Schwab Government Money 

Market Fund (SNVXX) 

A Int./Div L T Buy 

(addl) 

01/21/23 

19. Note – Jane Doe loan B Interest K T 
38 

Column A: Description of Assets 

Each asset held, whether individually or in a brokerage account, 401K (or any type of retirement 

account), 529 or other educational savings account, variable annuity account, variable life insurance 

policy, and passive asset held in a business must be individually listed. This includes individual stocks, 

mutual funds, money market funds, bonds, and cash-equivalent accounts. Each asset reported should be 

described in sufficient detail so as to be readily identifiable. Assets should be listed in the same order as 

in the previous report. 

VII. INVESTMENTS AND TRUSTS – income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 

Types of Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and 

Exchanges; § 360 Spouses and Dependent Children; § 365 Trusts, Estates, and Investments Fuds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period

(1) 

Amt

. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

mm/dd/yy

(3) 

Value

(4) 

 Gain 

1. Investment Account (H)

2. - Ameriprise Cash Reserve Account A Interest J T

3. - Columbia Intermediate Bond Fund A Dividend M T Buy 03/11/23 L

4. Buy 

(addl) 06/12/23 K 

5. - Apple common stock B Dividend L T Sold 

(part) 03/11/23 J A 

 For assets held individually, list the name of the stocks, bonds, and other securities, and 

indicate the type of the holding, “common stock. Commonly understood abbreviations are 

permitted such as stock ticker symbols (e.g., “JNJ” for “Johnson & Johnson”) or trademarked 

names (e.g., “GE Cap 8.5% Bond” for General Electric Capital 8.5% Bond or “GM” for 

“General Motors”). 

 List cash equivalent account(s) (savings, interest checking, money market accounts, CDs) 

within a bank, credit union, savings and loan, or similar financial institution valued at or 

aggregating over $5,000 or producing aggregate annual income over $200. List the name of 

the institution followed by “Cash Account” (or “Cash Accounts,” if there is more than one 

account), e.g., Bank of America Cash Account or Federal Courts Savings and Loan Cash 

Accounts. Do not list account numbers or addresses for a financial institution or its branches. 

You need not indicate the precise type of cash equivalent account, e.g., “checking,” or 

“savings.” Information for all cash equivalent accounts at each institution may be 

aggregated. 

Money market accounts typically are interest-bearing accounts similar to a savings or checking 

account. Money market funds typically hold short-term securities and monetary instruments, 

which earn dividends and/or interest. In reports, clarify whether money market assets listed are 

accounts or funds, being sure to report any transactions over $1,000 for any money market fund.
39 

 List both the specific fund and the fund family when listing a mutual fund (or pooled or 

common trust fund administered by an independent financial or brokerage institution). 

Example: American Funds: The Growth Fund of America Mutual Fund 

There is no requirement to list the individual assets held by a mutual fund.

 For brokerage accounts, 401Ks (or other type of retirement accounts), 529 accounts, variable 

annuity products, and/or variable life insurance policies: 

List the names of the individual stocks, mutual funds, money market funds, bonds, and 

cash equivalent accounts held. 

 Include the name of the financial institution or brokerage account when it is part of the 

name of the asset (e.g., Capital One Money Market Account, Vanguard Cash Holding 

Account). 

 Account headers may be identified by adding an “(H)” to the description in Column A, 

e.g., Trust (H). When listing multiple accounts with the same description, number the 

description in Column A; e.g., IRA #1 (H). Do not include addresses, account numbers, 

or reference a family member (e.g., Brokerage Account ...3859). In headers, leave 

Columns B and C blank – those should only be completed for the underlying assets of those 

accounts. Additionally, include a dash (“-”) before the name of each underlying asset held 

within the account in Column A. 

Note: The addition of “(H)” will prevent the header entry from returning an error message 

when running a self-audit. The use of the dash will facilitate the Committee’s review of your 

report and simplify the import of the information into subsequent reports. 

 List notes or accounts receivable indicating the nature of the receivable and the name of the 

debtor(s). You are not required to report any personal liability owed to you, your spouse, or 

child by a spouse, or by a parent, brother, sister, or child of you or your spouse. 5 U.S.C. §§ 

13104(a)(3) and 13104(e)(1). 

 Indicate the general geographic location, such as city or county, and state for each real estate 

interest. If more than one parcel of real estate is owned in the same geographic area, you 

may identify each parcel by number, i.e., Parcel #1, #2, #3, etc., rather than identifying each 

parcel by street address, lot, or block number. 

 If you, your spouse, or any of your dependent children (1) receives income from the trust or 

estate, or (2) has a beneficial interest in principal or income from the trust or estate. A 

reporting person who is required to report any trust, etc., must report the separate assets of 

the trust or estate. 

However, the reporting person need not report the separate assets of a trust:

(1) that was not created directly by the reporting person, his spouse, or any dependent child; 

and

(2) if the filer, his spouse, or any dependent child has no knowledge of the holdings or 

sources of income. 5 U.S.C. § 13104(f)(2). 
40 

Note: If a family member’s name is in the title of the trust, you may report the trust with a 

number. Example; Trust #1 – income beneficiary 

 For an investment club, each asset in the investment club’s portfolio is attributable to the 

entire membership. If an asset meets the reporting threshold, meaning that it has a value 

which exceeds $1,000 or has earned more than $200 in income, then it must be reported. 

However, a filer (filer’s spouse and dependent child) need only report his proportionate share 

of these assets. Thus, a filer must list each of the investment club’s holdings as separate line 

items, as if he held them directly, and report the income and value that reflect their 

percentage share of the holdings. The date and value of any purchase or sale of each asset 

must be disclosed in Column D. An example is listed below. 

VII. INVESTMENTS AND TRUSTS– income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 

Types of Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and 

Exchanges; § 360 Spouses and Dependent Children; § 365 Trusts, Estates, and Investment Funds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period

(1) 

Amt. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

 mm/dd/yy

(3) 

Value

(4) 

 Gain 

1. ABC Investment Club (H)

2. - Alphabet (formerly Google) preferred 

stock A Dividend L T Buy (add’l) 04/02/23 J 

3. – LVMH Moet Hennessy Louis Vuitton 

SE stock C Dividend P1 T 

4. – American Tower Corp stock A Dividend J T Sold 

(part) 07/20/23 J A 

5. – Stark Industries Bond A Interest Matured 01/01/23 J

 List ownership interest in an annuity product. 

A fixed annuity listing requires the company name (or issuer) and a note that the annuity 

contract is fixed. 

An indexed or variable annuity listing requires the company name (or issuer) and a note of 

the type of annuity product (indexed or variable) and a listing of each of the specific 

investments chosen from the options offered by the insurer, e.g., Nationwide Variable 

Annuity - The Best of America IV - Aggressive Growth Allocation. 

 List the name and ownership interest in a trade, business, partnership, or other business 

enterprise (e.g., LLC or sole proprietorship), and provide a description of the nature of the 

trade or business. 
41 

The source, type, and the actual amount or value of gross income from such a partnership or 

business must be reported. 

Assets actively used in the operation of a trade or business are active assets, which do not 

need to be individually listed. 

Assets that are passively held in the trade or business and are not related to the nature of the 

trade or business are passive assets. A filer must list each individual passive asset that is: 

(1) Valued at more than $1,000, or 

(2) Earning more than $200 in income. 

 List interests in cash value life insurance policies. 

Term insurance pays a benefit if the insured person dies during the term of the policy and 

when the policy expires, no value remains. As the insured person does not have an 

ownership interest in the value of the policy, term insurance is not reportable in Part VII. 

Cash value insurance is part insurance and part investment. A portion of the premium will be 

invested in a separate account controlled by either the insurer or policy holder in order to 

grow cash value. Whatever gains are earned can be used for: increased death benefits, 

borrowing against the policy, or paying monthly premiums to keep the policy in effect. An 

insured person has an ownership interest in the investment portion of the policy which must 

be listed in Part VII. The filer must list in Column A the name of the insurance company and 

the policy type (whole or variable). For variable insurance policies, the underlying 

investment options should be listed individually. For example, “AIG Secured Survivor GUL 

(Guaranteed Universal Life) II” or “Nationwide Marathon Performance; Fidelity VIP 

Overseas Portfolio.” See the example below: 

VII. INVESTMENTS AND TRUSTS – income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 

Types of Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and 

Exchanges; § 360 Spouses and Dependent Children; § 365 Trusts, Estates, and Investments Fuds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period

(1) 

Amt. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

 mm/dd/yy

(3) 

Value

(4) 

 Gain 

1. Mass Mutual Variable Life Insurance (H)

2. – Fidelity Blue Chip Growth Fund A Dividend J T

3. – Fidelity MML Small Cap Equity Fund A Dividend K T

4. – Vanguard S&P 500 Index Fund A Dividend Redeemed 01/02/23 J
42 

 List all educational savings plans (529 accounts) for which you or your spouse’s dependent 

child is the beneficiary, regardless of who opened or owns the plan. If the plan allows for the 

selection of assets or portfolio(s), list every asset or the name of the portfolio(s) (age or riskbased strategy). Examples are “529 U.Fund; Fidelity Blue Chip Growth Fund” or “Nevada 

Vanguard Agg Track 0-5 Agg Gr Portfolio” or Florida Prepaid Educational Savings Plan 

(Cash Equivalent) or Florida 529 Savings Plan Multi-Manager Blended Portfolio. 

 When reporting an investment or retirement account controlled by a third party, please 

consider the following: 

 If the filer can select the assets that will be purchased or sold (beyond merely selecting a 

risk category, e.g., aggressive growth, moderate risk, low risk, or low), the plan is 

considered “self-directed,” and every asset in excess of $1,000 in value or that pays more 

than $200 in income must be reported. Note: If the filer owns the assets contained 

within this investment vehicle, or if the filer otherwise has the power to choose the 

investment assets (even if he or she defers to the decisions of an investment manager), 

each individual asset and each transaction greater than $1,000 must be listed. 

 

If the filer does not own the underlying assets AND cannot control the selection of assets 

(or can only choose a general category of risk, e.g., low, medium, or high), the filer 

reports in Column A only the specific name of the plan and not the underlying assets. As 

described in later sections, the information required in Columns B, C, and D will relate to 

the fund as a whole, and not the individual assets held by that plan. Example: MetLife 

Growth and Income Fixed Annuity. 

Assets held in tax-deferred retirement or pension plans maintained, controlled, and 

owned by a former employer, e.g., a former law firm, state and county governments, and 

other similar entities, are not considered self-directed by the individual. However, filers 

must disclose that their former employer(s) maintains, controls, and owns those plans 

(reported in Part II). 

 For each royalty or other mineral interest (including oil and gas): 

(a) Royalty interest in minerals - an interest in minerals in a particular parcel of real property 

(whether or not the filer owns the surface rights), and regardless of whether minerals are 

currently being produced, should be reported as a real property interest - the description 

in Part VII, Column A, should list “Mineral Interest” or “Royalty Interest” and list the 

city or county and state in which the property is located. For example: “Royalty Interest, 

Clay County, Kansas.” 

(b) Investor interest in mineral production enterprise - an investment in a mineral production 

enterprise for a percentage interest in the profits should be described in Part VII, Column 

A, by listing the name of the enterprise and the location of the business, but not the 

locations of wells. For example: “ABC Joint Venture - Oklahoma City, OK.” The 

income description in Column B(2) may be “Royalty” (if the filer receives a fixed 

payment for each barrel, ton, or other unit of production) or “distribution” (if the filer 

receives a share of the profits). 
43 

(c) Working interest in minerals - a participation in the drilling enterprise in minerals owned 

by the filer (where the filer has elected to take a share of production profits rather than a 

royalty payment) should be listed in Part VII, Column A, as “working interest” with the 

name of the well or mine, and the city or county and state in which it is located. For 

example: “Working Interest - Clay #1, Sand County, MO.” The income description in 

Column B(2) should be “royalty.” 

 For each business, list all passive assets individually. Passive assets are assets used for 

investment purposes rather than the operation of the business (active assets include desks and 

supplies, land, and heavy equipment for farming, etc.). 

VII. INVESTMENTS AND TRUSTS– income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 

Types of Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and 

Exchanges; § 360 Spouses and Dependent Children; § 365 Trusts, Estates, and Investments Fuds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period

(1) 

Amt. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

 mm/dd/yy

(3) 

Value

(4) 

 Gain 

1. ABC LLC (H)

2. – Apple common stock A Dividend J T Buy 

(add’l)

01/02/23 J 

3. – Vanguard Strategic Small Cap Equity 

Fund

A Dividend K T 

4. – BlackRock Allocation Target Shares 

Series C Portfolio

A Dividend J T Sold 

(part)

08/20/23 J A 

Note: 

List each reportable asset in Column A in sufficient detail to clearly identify the property or 

holding 

 Include the city (or county) and state for a real estate interest 

 Name the financial institution where cash accounts are held 

 Name the debtor and describe the nature of the debt for a note or account receivable 

 Include the city or county and state and the name of the energy company or other payer of 

royalties, working interests, or rentals for a gas, oil, or mineral interest 

 Clearly identify stocks, bonds, mutual funds and the underlying assets of IRAs, brokerage 

accounts, and other retirement accounts and investment vehicles. 

Do not list assets subject to a power of attorney, whether or not the power has been exercised. 

This does not relieve filers of the obligations to avoid conflicts of interest. Please see the Code 

of Conduct for United States Judges, Canon 3(C) for information on disqualification. 
44 

Column B: Income 

In Column B of Part VII, the income from listed assets must be shown. The disclosure of the 

gross amount and the type of income dividends, rent, interest, or income from discharge of 

indebtedness is required. 5 U.S.C. §§ 13104(a)(1)(B). 

Note that “reportable income” differs from “taxable income.” Per the statue, all interest, 

dividends, and other income generated by or attributable to an asset during the reporting period must be 

listed, regardless of whether that income is paid out to the filer (or their spouse or dependent child), 

taxable, tax deferred, or tax exempt. 

Further, while dividend reinvestment is not reportable as a transaction, the amount of the 

reinvested dividends should be listed as income in Column B. Mutual fund holdings income should also 

include short-term and long-term capital gains along with dividends that are reinvested. 

If no income is attributable to an asset during the reporting period, Column B(1) under Amount 

should be left blank and the word “None” should appear in Column B(2) under Type. If income is 

generated by an asset whether or not it is paid out, the appropriate code, reflecting the amount, should be 

used. The statutory value ranges and the coded amounts for income are listed on the reporting form as 

follows: 

A - $1,000 or less 

B - $1,001 to $2,500 

C - $2,501 to $5,000 

D - $5,001 to $15,000 

E - $15,001 to $50,000 

F - $50,001 to $100,000 

G - $100,001 to $1,000,000 

H1 - $1,000,001 to $5,000,000 

H2 - More than $5,000,000 

5 U.S.C. § 13104(a)(1)(B). 

The same ranges and codes are used to report capital gains associated with transactions in 

Column D of Part VII. However, capital gains associated with “distributions” should be treated and 

reported as dividends in Column B. 

Regular, periodic payments of an annuity are treated as a return of the filer’s investment and are, 

therefore, not reported as income. A filer need not report in Column B income received by the 

investments underlying an annuity that pays a fixed amount, and the filer should enter “None” in 

Column B(2) for such annuities. However, if the amount payable is variable according to returns on 

investment, the filer should report in Column B the amount credited to his or her annuity contract. 

Dividends or interest received in the investment component of a cash value life insurance policy 

(whole life, universal life, variable life, or variable universal life), whether used to reduce premiums 

paid or to increase the amount of coverage, should be reported in Column B. 
45 

Notes: 

 Be sure to disclose in Column B the amount and type of GROSS income, keeping in mind that 

reportable income and taxable income can differ 

 If you indicate “None” in Column B(2), you should leave Column B(1) blank 

 For rental income, report gross rental income, not including mortgage payments, HOA fees, 

property taxes, and other such expenses. 

Column B(1), the income amount code, and Column B(2), the type of income, should both be 

completed if you have income. If no income was received, Column B(1) should be left blank and 

the word “None” should appear in Column B(2). 

Some filers question whether to report income from IRAs (Individual Retirement Accounts) or 

other retirement or pension plans or 529/college savings plans. All income should be reported, 

whether taxable, tax deferred, or tax exempt. For any mutual fund, IRA, pension fund, or other 

pooled investment plan, filers should report in Column B any dividend, interest, or capital gain 

income that is earned by the fund and credited to the filer’s account. If multiple types of income 

are earned, add all income together and report as “Dividend” income. 

Certain retirement and investment funds do not credit income to the individual accounts but 

instead report a “unit value” to participants. If no income is reported as having been credited to 

the filer’s account, leave Column B(1) blank and enter “None” in Column B(2). Please note in 

Part VIII the lack of income information provided by the insurer/account holder/fiduciary. 

Filers should not disclose as income any increase or decrease in the value of their account 

resulting solely from the change in market value of assets, even though these values are 

commonly highlighted in reports to investors. The market value of assets is reflected in the 

entries in Column C.

 
46 

Column C: Value 

In Column C, the gross value of the asset at the end of the reporting period is reported. 5 U.S.C. 

§ 13104(a)(3). If an asset is entirely sold before the end of the reporting period, Column C should be 

left blank. The statutory value ranges and a value code for each range are listed on the bottom of the 

form. These same values are used for the value of reported assets in Column C and for the value of 

assets reported in the transaction part of Part VII, Column D. They are as follows: 

J - $15,000 or less O - $500,001 to $1,000,000 

K - $15,001 to $50,000 P1 - $1,000,001 to $ 5,000,000 

L - $50,001 to $100,000 P2 - $5,000,001 to $25,000,000 

M - $100,001 to $250,000 P3 - $25,000,001 to $50,000,000 

N - $250,001 to $500,000 P4 - More than $50,000,000 

5 U.S.C. § 13104(d)(1). 

In addition, the method used for valuation should be reported in Column C. These are coded as 

follows: 

Q – Appraisal. Indicate in Part VII-A or Part VIII the date of the appraisal. 

R – Cost. This method may be used only for real property or an interest in a real estate 

partnership. If used, show in Part VII, Column A or Part VIII the date of purchase and the 

amount, not just the category code, of the purchase price. 

S – Assessment. Assessed value for tax purposes. If this method is used in Part VII, Column A 

or Part VIII, show the amount, not just the category code, of the assessed value and, if the 

property is assessed at less than 100% of its value, adjust the assessed value to reflect the 

current value and explain your adjustment. 

T – Cash/Market. The quoted market price of publicly traded stocks and other securities; the 

face value of interest bearing corporate or municipal bonds or comparable securities; the 

balance or surrender value of certificates of deposit, savings and checking accounts, money 

market accounts or funds, etc. 

U – Book. The net worth of a proprietorship, partnership interest, or corporate stock according 

to the books of such entity. This method may be used only for property interests not publicly 

traded. 

V – Other. Any other recognized indication of value, such as current selling price of a 

comparable interest. (If this code is used, you must describe in Part VII, Column A, or Part 

VIII the method used). 

W – Estimated. Your good faith estimate of the value of property if its exact value is not known 

and a more accurate determination of its value cannot be easily obtained by another method. 

The gross value of the property should be indicated without reductions for mortgages, etc. 

References may be made in Part VII to mortgages included in Part VI (Liabilities). 
47 

The value of the investment component of a cash value life insurance policy should be reported 

in Column C. Do not report the “face value” or value of the death benefit under the policy. 

Note: 

 List in Column C(1) the gross value code (J-P) at the end of the reporting period. 

 List in Column C(2) the correct value method code (Q-W) reflecting how the value of the asset 

was determined. 

If you used value method codes “Q,” “R,” “S,” or “V,” be sure to include the 

appropriate information in Column A or Part VIII. 

If an asset is entirely sold during the reporting period, then Column C should be left blank. 

However, if an asset is partially sold (such as a portion of the total shares of stock owned), 

Column C should be completed. 

 
48 

Column D: Transactions 

Information on transactions should be entered in Column D. Transactions to be reported involve 

any single purchase, sale or exchange during the reporting period that exceeds $1,000. 5 U.S.C. § 

13104(a)(5). 

For each acquisition or disposition, you should disclose: 

(a) the type of transaction, e.g., buy, sell, redeem, etc.; 

(b) the date of the transaction; 

(c) the value category code indicating the value of the consideration paid or received (codes J-P); 

(d) the capital gain realized on disposition (if any), using the appropriate income category code 

(codes A-H); 

(e) the closure of a cash account that may have been reported on a prior report. 

If an asset has been bought and sold during the same reporting period, provide the required 

information about both transactions on successive lines, leaving Columns A through C blank on the 

successive lines. Additional lines may be added by right clicking and following the menu prompts. 

In most corporate mergers and reorganizations, shareholders play a passive role and realize no 

taxable capital gains. Accordingly, where a non-taxable corporate reorganization results in the listing of 

a new asset or the omission of an asset disclosed on the previous report with no purchase or sale by the 

filer, the change of name should be explained with a note in Column A or in Part VIII, as appropriate. 

For example, if the filer listed the “ABC Company” on a previous report and it has since been merged 

into the “XYZ Company,” the filer should list “XYZ Co. (formerly ABC Co.)” in Column A. Only if 

the filer is required to report a capital gain for income tax purposes would a merger be treated as a 

transaction. Also, if the filer sells the shares of the new corporation after the merger, that transaction 

must be reported. 

Required minimum distributions required by the IRS on retirement funds typically involve the 

liquidation or selling of asset(s) held within the retirement account. As such, any transactions greater 

than $1,000 must be reported. 

Income received pursuant to an annuity contract owned by the filer (or filer’s spouse) need not 

be reported as a transaction in Column D. Similarly, the withdrawal of a portion of the investment 

component of a life insurance policy need not be reported as a transaction in Column D, but a 

cancellation or withdrawal of the entire balance so as to end the policy should be reported as “closed.” 

Income category codes, codes A–H, for reporting capital gains are listed under INCOME. They 

are also listed at the bottom of the report in Part VII and are displayed through drop down menus within 

the software. If there is a loss, or no gain or loss, Column D4 under GAIN should be left blank. 

Value category codes, codes J–P are listed under VALUE. They are also listed at the bottom of 

the report in Part VII and in drop down menus within the software. 
49 

VII. INVESTMENTS AND TRUSTS– income, value, transactions (Includes those of spouse and dependent 

children; see Guide to Judiciary Policy, Volume 2D, Ch. 3, § 310 Reporting Thresholds for Assets; § 312 

Types of Reportable Property; § 315 Interests in Property; § 320 Income; § 325 Purchases, Sales, and 

Exchanges; § 360 Spouses and Dependent Children; § 365 Trusts, Estates, and Investments Fuds.)

A. Description of Assets B. Income C. Gross value D. Transactions during reporting period

(1) 

Amt. 

(2) 

Type 

(1) 

Value 

(2) 

Value 

Method

(1) 

Type 

(2) 

Date 

 mm/dd/yy

(3) 

Value

(4) 

 Gain 

1. Microsoft stock None Buy 01/18/23 J

2. Sold 11/01/23 K B

3. Apple stock A Dividend J T Sold 

(part)

03/11/23 J A 

In Part VII (D)(1)-(4), you are not required to report the following: 

 transactions solely between yourself, your spouse, and your dependent children; 5 U.S.C. § 

13104(a)(5); 

 transactions in which the then fair market value of consideration paid or received did not 

exceed $1,000; 5 U.S.C. § 13104(a)(5); 

 transactions involving property used solely as the personal residence of you or your spouse; 5 

U.S.C. § 13104(a)(5)(A); 

 transactions involving a mere change of form of assets, e.g., a stock split; 

 transactions involving deposits or withdrawals from bank accounts, money market accounts, 

and certificates of deposit within any given financial institution, other than the opening or 

closing of all accounts at such institution; 

 transactions involving U.S. Treasury securities (i.e., Treasury bills, notes, and bonds, 

including U.S. savings bonds); 

 transactions involving the reinvestment of dividends, interest, and capital gain distributions - 

this is income to be reported in Column B; 

 cash inheritances received by the filer or the filer’s spouse or dependent children; or 

 gifts made to a charity or to a non-dependent relative by the filer or the filer’s spouse or 

dependent children. 

If these exceptions would result in an asset being added to or removed from the list of assets in Part VII: 

(a) for the opening or closing of a bank account with a transaction involving less than $1,000, 

insert “Open” or “Closed” in Column D(1) and leave Columns D(2) through D(4) blank; 

 
50 

(b) for an asset acquired through an exempt transaction (such as an inheritance or exempt gift), 

or for an asset that became reportable by virtue of the filer’s marriage, because its value or 

income increased to a level above the reporting threshold, or upon any event that does not 

otherwise constitute a reportable transaction, insert “(X)” after the asset description in 

Column A; 

(c) for an asset disposed of through a charitable donation, insert “donated” in Column D(1) and 

leave Columns D(2) through D(4) blank; 

(d) except as noted above, for a previously reported asset that becomes unreportable without a 

corresponding reportable transaction (i.e., when an asset’s value and income fall below 

reporting thresholds, or upon emancipation of a dependent child, dissolution of marriage, 

reversion of rental property to personal residence), insert “(Y)” after the asset description in 

Column A and leave Columns B–D blank, or include an explanatory note in Part VIII. In 

subsequent years, this asset should be deleted from Part VII. 

Please ensure that the entries in Columns C and D are consistent: 

 If property is entirely disposed of during the reporting year, Column C should be left blank; 

 If property is partially disposed of during the reporting year, Column C should be 

completed and Column D(1) should include “part” (e.g., “Sold (part)” or “Redeemed 

(part)”). 

Notes: 

 EACH transaction over $1,000 must be listed separately – this includes transactions for money 

market funds, but not money market accounts. 

 When reporting multiple transactions for an asset: identify the asset in Column A, list the 

cumulative income and value attributable to this asset on the same line in Columns B and C, 

respectively, and list the earliest transaction on the same line in Column D. Additional 

transactions should be reflected on immediately successive lines, leaving Columns A, B, and C 

blank, but separately detailing each transaction in chronological order in Column D. 

 List in Column D(3) the value code (J–P2) indicating the value of the consideration paid or 

received for the asset. 

 Be sure to list in Column D(4) capital gain (income codes A–H1) realized on the disposition of 

the asset, or leave this column blank if there was no gain or a loss. 

 If reporting the first purchase of an asset that was not listed on your prior report, you should list 

the transaction as “Buy.” If you are reporting a subsequent purchase of an asset you already 

own and report, you should list the transaction as “Buy (add’l).” 

 If an asset is partially disposed of or sold, be sure to indicate “Sold (part)” in Column D(1). 

 If an asset was completely disposed of or sold, leave Column C blank and complete Columns 

D(1)-(4) as appropriate.
51 

Part VIII. Explanatory Comments

Use this part to add information clarifying other portions of the report. Of particular importance 

is any information (such as a reference to opinions of the Committee on Codes of Conduct and actions 

of the Judicial Conference) that bears on possible conflicts of interest or issues under the Code of 

Conduct for United States Judges. Also use this part to explain any apparent inconsistencies between 

the current report and past reports. Examples may include: 

 previously reported assets subject to a power of attorney or certain trusts should be 

omitted from the current report, with a note in Part VIII 

 explanations for asset name changes 

 information no longer required. 

The FDR software can create additional pages if more space is needed. 

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (Indicate part of report.)

Although I am a trustee of Trust #2, there are no reportable assets in the trust. 

Although I am a trustee of Trust #4, I receive no income nor do I have beneficial interest in the principal 

or income from the trust or estate. Therefore, there are no reportable assets in the Trust.

The IRA account formerly listed on lines 20-54 of my prior report have been removed, as it no longer meets 

the requirements for reporting. 

IX. Certification and Signature

The certifications provided on the form cover (1) that the report is accurate, true, and complete as 

to all information required by the Act to be reported; and (2) that earned income from outside 

employment and honoraria and the acceptance of gifts that have been reported are in compliance with 

the provisions of applicable laws and regulations. 

All reports, amended reports, and responses to letters of inquiry must include an original 

signature. An electronically filed document is deemed to include an original signature when it includes 

“s/ typed name” on the signature line and is submitted through the FiDO system under the filer's log-in 

and password. 

Promptly upon discovery that an error has been made in a report, amend the report. 

 
52 

COMPLIANCE AND SANCTIONS

Compliance with filing and reporting requirements is monitored pursuant to 5 U.S.C. 13108. 

One who knowingly and willfully falsifies or fails to file or report any information required 

under the Act is subject to civil and criminal sanctions. 5 U.S.C. § 13106(a). 

ETHICAL STANDARDS

The disclosure requirements and exemptions from disclosure contained in the Act neither define 

nor limit the standards imposed by the Code of Conduct for United States Judges, Code of Conduct for 

Judicial Employees, and other rules of the Judicial Conference of the United States, or the statutory 

provisions for disqualification or recusal. 

For example, disclosure of financial interests under the Act is required only for interests 

exceeding a stated minimum value and only with respect to certain members of a person’s family, 

whereas 28 U.S.C. 455(b)(4) applies to financial interests without regard to value, and 28 U.S.C. 

455(b)(5) applies to participation in litigation by a person within the third degree of relationship to the 

judge. Similarly, the Act exempts from disclosure matters relating to campaign receipts and campaign 

disbursements, most of which would be prohibited under the Code of Conduct for United States Judges, 

which also precludes qualified blind trusts for judges. 

PUBLIC ACCESS

Financial Disclosure Reports are public documents. Reports are made available to the public in 

accordance with the Regulations of the Judicial Conference on Access to Financial Disclosure Reports, 

set forth in the Guide to Judiciary Policy, Vol. 2, Part D, Ch. 5. However, the Ethics in Government Act 

of 1978 (the Act), as amended, does not require the immediate and unconditional availability of reports 

filed if a finding is made by the Committee on Financial Disclosure, in consultation with the United 

States Marshals Service when necessary, that revealing personal and sensitive information contained on 

the report could endanger filers or family members. 

To request redaction, filers should use the “Request for Redaction” option in the File/View menu 

of the Financial Disclosure Online system (FiDO). Redaction requests should specify the material 

sought to be redacted and state in detail the reasons justifying redaction. Each request for redaction will 

be reviewed by the Committee in accordance with 5 U.S.C. § 13107 of the Act and the regulations of the 

Judicial Conference. Filers will receive the Committee’s decision via email notice, with a link to their 

FiDO account. If the redaction request is granted, the redaction will be made by the Committee staff 

prior to the release of the report. Please note that subsequent reports must include the previously 

redacted information; only Committee staff, following the direction of the Committee, may remove 

statutorily required entries from financial disclosure reports. 

The grant of redaction will be valid for the remainder of that calendar year; it will expire on 

December 31. If filers wish to seek redaction of subsequent reports, their redaction requests and 

justification should be renewed. Filers may request redaction at any time, including at the beginning of 

the calendar year, when their next report is filed, when notice is received that a member of the public has 

requested their report, or when circumstances have changed prompting the need for redaction. 
53 

If there are any concerns or questions about the release of a report, call the staff of the 

Committee at (202) 502-1850 or discuss the matter with local United States Marshals. 

Concerning public requests for reports, a report will be made available only to a person who 

completes Form AO-10A, Request for Examination of Report Filed by a Judicial Officer or Employee. 

The form requires the requester to attest to the following: 

It shall be unlawful for any person to obtain or use a report 

(1) for any unlawful purpose; 

(2) for any commercial purpose other than by news and communications media for 

dissemination to the general public; 

(3) for determining or establishing the credit rating of any person; or 

(4) for use directly or indirectly, in the solicitation of money for any political, charitable, or other 

purpose. 5 U.S.C. § 13107. 

The Attorney General may bring a civil action against any person who obtains or uses a report 

for any prohibited purpose described above. The court in which such action is brought may assess 

against such person a penalty in any amount not to exceed $11,000. Such remedy shall be in addition to 

any other remedy available under statutory or common law. 5 U.S.C. § 13107. 

 

 
54 

APPENDIX I 

NOMINATION REPORTS AND INITIAL REPORTS 

WHO MUST FILE AND WHEN 

Persons nominated to be JUDICIAL OFFICERS must file a nomination report within 5 days of 

the transmittal of their nomination by the President to the Senate. 5 U.S.C. § 13103(b)(1). 

Newly appointed JUDICIAL EMPLOYEES must file an initial report within 30 days of 

assuming their positions. 5 U.S.C. § 13103(a). 

Judicial employees who receive a promotion or change in the rate of pay that results in pay equal 

to or greater than 120 percent of the minimum rate of basic pay for GS-15 of the General Schedule must 

file an initial report within 30 days of the promotion or pay adjustment. 

A JUDICIAL EMPLOYEE who is not expected to perform the duties of the office or position for 

more than 60 days in a calendar year is not required to file an annual report. However, if the person 

actually performs duties for more than 60 days, an initial report must be filed within 15 days of the 

sixtieth day. 5 U.S.C. § 13103(h). 

 INSTRUCTIONS FOR COMPLETING EACH PART

Below are specific instructions that differ from those provided for annual reports. 

 Identifying Information

BLOCK 3. Date of Report. For a JUDICIAL EMPLOYEE, a date that is no more than 30 days 

after your entry in the position, or 30 days after notification of your obligation to file a financial 

disclosure report. For a person nominated to be a JUDICIAL OFFICER, the date should be no more 

than 5 days after submission of your nomination to the Senate. 

BLOCK 5. Report Type. Check the appropriate report form and, in the case of a nomination 

report, show the date your nomination was transmitted to the Senate. 

BLOCK 6. Reporting Period. The beginning date (January 1 of the year preceding the year 

you assumed your office or were nominated) and the ending date (a date you choose that precedes the 

“Date of Report” by no more than 30 days). 

Part I. Positions

The reporting period is the two calendar years preceding the date of the report through the filing 

date in the current calendar year. 5 U.S.C. § 13104(a)(6)(A). 

 

 
55 

Part III. Non-investment Income

The reporting period is the calendar year preceding the date of the report and the year of filing. 5 

U.S.C. § 13104(b)(1)(A). 

In addition, you must report the identity of each source of compensation, other than from the 

United States Government, received by the filer but not the spouse in excess of $5,000 in any of the two 

calendar years prior to the calendar year during which you file your first report, as well as a brief 

description of the nature of the duties performed or services rendered for each source. 5 U.S.C. § 

13104(a)(6)(B). 

You are not required to report any information which is considered confidential as a result of a 

privileged relationship, established by law, between the reporting person and any person, nor are you 

required to report any information with respect to any person for whom services were provided by any 

firm or association of which the reporting person was a member, partner, or employee, unless the 

reporting person was directly involved in the provision of such services. 5 U.S.C. § 13104(a)(6)(B). 

Parts IV. and V. Reimbursements and Gifts

You are not required to complete these parts of the report. 5 U.S.C. § 13104(b)(1). Note 

“exempt” in these two parts. 

Part VI. Liabilities

The reporting period is the calendar year preceding the date of the report through a date which is 

no more than 30 days before the filing date. 5 U.S.C. § 13104(b)(1)(B). 

Part VII. Investments and Trusts

The reporting period for providing income information for assets is the calendar year preceding 

the date of the report and the year of filing. 5 U.S.C. § 13104(b)(1)(A). The reporting period for 

providing value information for assets is the calendar year preceding the date of the report through a 

date which is no more than 30 days before the filing date. 5 U.S.C. § 13104(b)(1)(B). You are not 

required to complete Subpart D “Transactions.” 5 U.S.C. § 13104(b)(1). Note “exempt” in Column 

D(1). 

 
56 

APPENDIX II

FINAL REPORTS 

WHO MUST FILE AND WHEN

 JUDICIAL OFFICERS and other JUDGES, including BANKRUPTCY JUDGES, 

MAGISTRATE JUDGES, and SPECIAL TRIAL JUDGES who work more than 60 days in a calendar 

year are required to file a final report within thirty days after resigning or otherwise ceasing to continue 

in such position. Judges who work 60 days or less may certify that they did not perform the duties of the 

office for more than 60 days in lieu of filing a final report. To assist in determining whether to file a 

final report or certify in lieu of filing a final report, judges may consider that a senior or recalled judge 

who is no longer authorized the employment of staff by the relevant judicial council or court is generally 

not reasonably expected to perform the duties of the office for more than 60 days in a calendar year. 

A JUDICIAL EMPLOYEE who works more than 60 days in a calendar year is required to file a 

final report within thirty days of termination of employment. 5 U.S.C. § 13103(e). 

A JUDICIAL OFFICER OR JUDICIAL EMPLOYEE accepting another position in the federal 

government that is subject to financial disclosure reporting is not required to file a final report when 

changing positions. 5 U.S.C. § 13103(e). 

INSTRUCTIONS FOR COMPLETING EACH PART 

Below are specific instructions that differ from those provided for annual reports. 

Identifying Information

BLOCK 3. Date of Report. The date the report is completed, not more than 15 days prior to 

and not more than 30 days after the date of official termination of employment. If the report is 

completed prior to the termination of employment, and there are any changes between the date the report 

is completed and the termination date, the report must be updated. The filer should acknowledge this 

obligation to update the report in an explanation on the financial disclosure form. 

BLOCK 5. Report Type. Check final report. 

BLOCK 6. Reporting Period. Show both the beginning and ending date of the reporting 

period. The beginning date will be January 1 of the current year if an annual report already has been 

filed covering the preceding calendar year; otherwise, it will be January 1 of the preceding calendar 

year. The ending date is the date of the official termination of employment. 

Parts I–VII

The reporting period is the calendar year preceding the date of the report through the filing date 

in the current calendar year. 5 U.S.C. § 13104(c). If an annual report already was filed covering the 

preceding calendar year, then the reporting period is the current calendar year through the filing date. 

 
57 

APPENDIX III

ADDITIONAL REFERENCES

The Code of Conduct for United States Judges appears in the Guide to Judiciary Policy, Vol. 2, 

Part A, Ch. 2. The Code of Conduct for Judicial Employees appears in the Guide to Judiciary Policy, 

Vol. 2, Part A, Ch. 3. The Code of Conduct for Federal Public Defender Employees appears in the 

Guide to Judiciary Policy, Vol. 2, Part A, Ch. 4. The Code of Conduct for Administrative Office 

Employees appears in the AO Manual, Vol. 4, Ch. 2. 

Judicial Conference Regulations on Gifts are set forth in the Guide to Judiciary Policy, Vol. 2, 

Part C, Ch. 6. Judicial Conference Regulations on Outside Earned Income, Honoraria, and Outside 

Employment are set forth in the Guide to Judiciary Policy, Vol. 2, Part C, Ch. 10. 

Judicial Conference Report Redaction and Release Regulations are set forth in the Guide to 

Judiciary Policy, Vol. 2, Part D, Ch. 5.