Could a Maryland judge appear in a televised mock trial using an actual courtroom and jury panel?

Plain-English summary

A bar association planned a televised mock shoplifting trial and invited a judge to play the trial judge. It also asked about using the judge's courtroom and a real jury panel.

The Committee relied on an earlier opinion allowing a filmed mock proceeding if it was not used for fundraising or directly sponsored by an advertiser. It added that the judge's participation should be limited to one program, rather than a series or segmented program. It rejected filming in the courtroom and participation by an actual jury panel.

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: Could the judge appear as the judge in the mock trial?

A: Yes, under the Committee's stated conditions for a single program.

Q: Could the production use the actual courtroom?

A: No. The Committee said it should not be filmed there.

Q: Could a real jury panel take part?

A: No. The Committee said an actual jury panel should not participate.

Background and rules framework

The opinion refers to Maryland's then-cited Canon XXII and carries forward conditions from Opinion Request 1973-05 for judges in filmed mock proceedings.

Citations and references

• Maryland Canons of Judicial Ethics, Canon XXII.
• Maryland JEC Opinion Request 1973-05.

See also

• MD Judicial Ethics Op. 1975-11
• MD Judicial Ethics Op. 1975-07

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1974-09

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1974-09

Date of Issue: December 27, 1974

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Appear as Judge in Mock Trial on Television;
Actual Courtroom and Jury Panel Not to Be Used

You have advised us that ... X Bar Association is planning to present a television program which will consist of a mock trial of a defendant charged with shoplifting. The participants will include two ... lawyers and a number of actors and actresses who will portray the defendant and the witnesses in the case. You have been asked to appear in the role of the judge before whom the case is tried.
In a formal letter opinion issued in May, 1973 [Opinion Request No. 1973-05], the Committee took the position that the participation by a Judge of the Juvenile Court in a juvenile proceeding to
be staged and filmed at the studios of a
television station was not proscribed by either the
Maryland Canons of Judicial Ethics or the Maryland Rules of Judicial Ethics and that participation in an activity of such a nature by a judge may even by encouraged by Canon XXII. The conclusion was conditioned, however, on the proviso that the tape could not be used in support of an appeal for funds, nor could it be directly sponsored by an advertiser. To this should be added a further condition that the participation by the judge should be limited to a single program and not to a series of programs or a program presented in segments.
Your letter makes further inquiry with respect to the propriety of the use of your courtroom as a setting for the production and of the participation of an actual jury panel in the program. The Committee is of the opinion that the production should not be filmed in a courtroom and that an actual jury panel should not be permitted to participate in the filming.