Could a Maryland judge take part in a federal agency's film of simulated grand jury proceedings?

Plain-English summary

The United States Information Agency proposed filming a simulated grand jury swearing-in, judicial instructions and return of an indictment. The inquiry asked whether the agency could film the simulated proceedings; the Committee limited its answer to the judge's participation.

The Committee limited its answer to the judge's participation and found that unobjectionable. It declined to interpret the circuit's Rule 13, saying local judges were responsible for that question and that circuits differed in interpretation.

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: Did the Committee approve the judge's participation?

A: Yes. It found the judge's role in the simulated proceedings unobjectionable.

Q: Did it authorize filming under the local court rule?

A: No. It said interpretation of the circuit's Rule 13 belonged to the circuit's judges.

Q: Were the proceedings real?

A: No. The request described simulated grand jury proceedings.

Background and rules framework

The opinion confines its ethics conclusion to judicial participation and references the judicial circuit's Rule 13 only to say that the Committee would not interpret it.

Citations and references

• Judicial Circuit Rule 13 (circuit name redacted in the official opinion).

See also

• MD Judicial Ethics Op. 1974-09
• MD Judicial Ethics Op. 1975-11

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1973-07

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Maryland Judicial Ethics Committee

Opinion Request Number: 1973-07

Date of Issue: July 16, 1973

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Participate in Filming by U.S. Government Agency of Simulated Grand Jury Proceedings

This is in reply to your letter of July 10, in which you submit to the Judicial Ethics Committee the following question: Is it permissible for the Motion Picture and Television branch of the United States Information Agency to film the swearing-in of the Grand Jury; the judge’s instructions to the jurors and the jury returning an indictment, provided that the proceedings are simulated?
It is the Committee’s view that its response to such an inquiry must be a narrow one, relating only to the propriety of the judge’s participation, which we regard as unobjectionable.
The interpretation of Rule 13 of the
Judicial Circuit, it seems to us, is the function of
the judges of the Circuit and not the responsibility of this Committee, since while all of the Circuits
have similar Rules, there is some disparity in interpretation.