Could a Maryland judge appear in a charity's documentary when it was not used to raise funds?

Plain-English summary

A charitable organization invited a judge to make a brief appearance in a documentary about its work. The organization said the film would support public relations rather than fundraising, but a corporation had supplied a production grant.

The Committee recalled two earlier opinions allowing judges in filmed mock trials, with conditions against fundraising use and direct advertiser sponsorship. It said the latter condition might prevent this appearance depending on the circumstances. Thus the opinion did not give an unconditional approval of the grant-funded film.

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: Was a non-fundraising purpose enough by itself?

A: No. The Committee also flagged its condition against direct advertiser sponsorship.

Q: Did the corporate grant automatically disqualify the project?

A: The opinion did not decide that point; it said the sponsorship condition might prevent participation depending on circumstances.

Q: Which prior examples did the Committee cite?

A: It cited Opinion Requests 1973-05 and 1974-09, both about filmed mock trials involving judges.

Background and rules framework

The opinion refers to Maryland's then-cited Canon XXII and applies conditions stated in earlier Committee opinions about judges' participation in filmed educational programs.

Citations and references

• Maryland Canons of Judicial Ethics, Canon XXII.
• Maryland JEC Opinion Requests 1973-05 and 1974-09.

See also

• MD Judicial Ethics Op. 1975-11
• MD Judicial Ethics Op. 1976-07

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1975-07

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1975-07

Date of Issue: May 28, 1975

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Appear in Unsponsored Film for Charitable Organization If Film Not Used for Fundraising

You have advised this Committee that X organization, through its
office, has asked
you to make a brief appearance in a documentary film which it plans to produce. You have been assured that the film, which is being produced in consequence of a grant from the Y Corporation, will not be used for fund raising purposes but will be used as a part of a general public relations program to inform the public of the nature of the activities of X organization. Your participation would be to emphasize the fact that the absence of a strong father image is frequently found in cases involving young male offenders. You ask whether this participation is permissible from an ethical standpoint.
On two occasions in the past, this Committee has considered the propriety of a judge’s participation in the taping of a mock trial, in one instance involving a juvenile proceeding and in another, the criminal prosecution of a defendant charged with shoplifting. In both cases, we concluded that the participation by the judge was not proscribed by either the Maryland Canons of Judicial Ethics or the Maryland Rules of Judicial Ethics, and that his appearance on such a program which was later to be televised, might even by encouraged by Maryland Canon XXII.
Both opinions, [Opinion Request Nos. 1973-05 and 1974-09], contained the caveat that the tape could not be used in support of an appeal for funds nor could it be directly sponsored by an advertiser. It is, of course, the latter condition which may prevent your acceptance of the invitation which has been extended you, depending on the circumstances.