Could a citizens' group use a Maryland judge's individual robe photograph in judicial election materials?
Apply this to your situation
This page answers the general question as of 1974. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
The requester asked whether campaign literature, newspapers and other publicity for judicial election or re-election could show candidates wearing judicial robes.
The Committee found no prohibition or limitation in the Maryland Canons or Rules and noted the custom of using such photos. It distinguished an ABA informal opinion about promoting a judge's candidacy through judicial prestige, concluding that individual robe photographs used by a citizens' group endorsing sitting judges were outside that opinion's scope. It expressly distinguished group photographs.
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 permit an individual judge's robe photo?
A: Yes. It said the then-cited Canons and Rules did not prohibit or limit the use described.
Q: Did it treat a group photo the same way?
A: No. Its conclusion about a citizens' group was conditioned on individual, rather than group, photographs.
Q: What ABA guidance did it discuss?
A: It distinguished ABA Informal Opinion 486, which cautioned against use of judicial prestige to promote re-election.
Background and rules framework
The opinion identifies no numbered Maryland Canon or Rule restricting the proposed photographs. It discusses ABA Standing Committee on Professional Ethics Informal Opinion 486 as a contrast.
Citations and references
- ABA Standing Committee on Professional Ethics, Informal Opinion No. 486 (December 26, 1961).
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1974-01
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1974-01
Date of Issue: April 3, 1974
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Photograph of Judge in Judicial Robes May Be Used in Judge’s Election Campaign
The Judicial Ethics Committee has considered the question raised in your letter of March 20: whether there is any impropriety in the use of campaign literature, newspaper and other publicity published in behalf of candidates for election or re-election to judicial office, of photographs of the candidates in their judicial robes.
The Committee is of the opinion that the use of such photographs is neither prohibited nor limited by any Canon or Rule and would seem to be sanctioned by custom. We are mindful of Informal Opinion No. 486, dated December 26, 1961, of the American Bar Association’s Standing Committee on Professional Ethics, the thrust of which is that a judge should not use or permit others to use the power or prestige of his office to promote his candidacy for re-election. It is our view that the use of such photographs by a citizens’ group which is endorsing the election or re-election of sitting judges does not come within the ambit of this opinion so long as the photographs are photographs of individuals and not of the group.
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