Could a full-time Maryland judge remain a director of a corporation operating a radio station?
Apply this to your situation
This page answers the general question as of 1973. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge asked whether he could continue on the board of a corporation that owned and operated a Maryland radio station.
The Committee interpreted Rule 6's phrase 'affected with a public interest' to include regulated businesses beyond those named in the rule. Because the Federal Communications Commission regulated the station operator, the Committee concluded that a full-time judge could not serve the company as a director or in any other capacity.
Currency note
This opinion discusses the Maryland judicial ethics provisions in force at the time it was written. Its analysis is historical; verify the current Maryland Code of Judicial Conduct and the linked opinion before relying on a cited provision.
Common questions
Q: Why did Rule 6 reach the broadcaster?
A: The Committee treated FCC regulation as bringing the business within Rule 6's public-interest category.
Q: Was only a directorship barred?
A: The Committee said it was improper for a full-time judge to serve the company as director or in any other capacity.
Q: Did the opinion give another example?
A: It said the Committee had reached a similar position for a state-regulated insurance brokerage corporation.
Background and rules framework
The opinion applies Maryland's then-cited Ethics Rule 6 to offices and directorships in corporations affected with a public interest, including a federally regulated radio broadcaster.
Citations and references
- Maryland Rules of Judicial Ethics, Rule 6.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1973-01
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1973-01
Date of Issue: January 30, 1973
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Judge Not to Serve as Director of Corporation Operating Radio Station
Your letter of January 18, 1973, addressed to the Judicial Ethics Committee of the Maryland Judicial Conference asks whether it is permissible for you to continue as a director of X Broadcasting Corporation which owns and operates Station Y in
, Maryland.
Rule 6 of the Rules of Judicial Ethics provides, in part, “A full-time judge shall not hold any office or directorship in any public utility, bank, savings and loan association, lending institution, insurance company, or any other business corporation or enterprise or venture which is affected with a public interest.”
We have consistently interpreted the phrase “affected with a public interest” as embracing not only the business organizations which are specifically identified by the Rule, but as including any other business corporation which is subject to regulation by the State of Maryland or by the United States. It is our opinion that a company which operates a radio broadcasting station, since it is subject to the elaborate regulatory structure administered by the Federal Communications Commission, is an enterprise affected with a public interest. Therefore, it is improper for a full-time judge to serve such a company as a director or in any other capacity. We have taken a similar position with respect to a corporation engaged in the insurance brokerage business because of the fact that it is regulated by the State of Maryland.
What do the rules say today, for your facts?
This opinion is from 1973. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace