Under Maryland's 1975 opinion, could a judge running for election attend political fundraisers and contribute to supporters?

Plain-English summary

A judge facing a 1976 election asked about attending political gatherings and subscription dinners, contributing to a party that endorsed the judge, and supporting other candidates.

The Committee said the then-cited partisan-activity restriction was suspended for an appointed judge from appointment until the general election. It allowed attending and speaking at gatherings, paying for dinners, and contributing to a party or nonpartisan group supporting the judge's election. It described a different suspension period for a judge already serving an elected term.

The opinion said the judge could not contribute to or publicly endorse another candidate for judicial or nonjudicial office. It separately cited an earlier opinion allowing judges in a united retention campaign to speak and work for one another. An official editorial note points to a later 2005 judicial-conduct provision on candidacies.

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 candidate judge attend a political dinner with a subscription price?

A: Yes, from appointment through the 1976 general election on the described facts.

Q: Could the judge donate to a party supporting the judge's campaign?

A: Yes, during the stated election period when the party supported the judge's own election.

Q: Could the judge support another candidate?

A: The Committee said no to contributions and public endorsements for another candidate, and separately mentioned an earlier united-retention campaign opinion.

Background and rules framework

The opinion applies Maryland's then-cited Canon XXVII and Rules 3, 4 and 9 to election activity. It cites ABA Canon 7A(1)(c) and earlier Maryland JEC opinions; the PDF's editorial footnote points to Maryland's 2005 Canon 5C for later candidacy rules.

Citations and references

• Maryland Canons of Judicial Ethics, Canon XXVII; Rules of Judicial Ethics, Rules 3, 4 and 9.
• Maryland JEC Opinion Requests 1973-06, 1972-01, 1974-03 and 1974-05.
• ABA Code of Judicial Conduct, Canon 7A(1)(c); official editorial note cites Maryland Code of Judicial Conduct (2005), Canon 5C.

See also

• MD Judicial Ethics Op. 1976-04
• MD Judicial Ethics Op. 1978-07

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1975-08

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1975-08

Date of Issue: July 7, 1975

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge Running for Election May Attend Fundraisers and Contribute to Political Party Which Supports Judge’s Candidacy

You have advised this Committee that you will be a candidate for election to a full elective term... in the election to be held in 1976.
You have asked whether it is permissible for you to attend political gatherings, including dinners where the subscription price may range from $10 to $100 or more, and whether you may make contributions to a political party which endorses your candidacy.
[Opinion Request No. 1973-06], issued by this Committee on 23 May 1973, makes it clear that the prohibition against political or partisan activity contained in Maryland Canon XXVII does not apply to a judge who has been appointed to office and must stand for election to an elected term at a general election subsequent to his appointment. As a consequence, from the date of your appointment until the 1976 general election, you are permitted to attend political gatherings; to attend dinners for which a subscription is required; to speak at such meetings, and to contribute to any political party or nonpartisan group which is supporting your election.
Similarly, in the case of a judge who is serving an elected term, but must stand for re-election, the prohibition against political activity is suspended, accounting from January 1 of the year in which he must stand for election* and continuing until the general election.
[Opinion Request No. 1972-01], issued on 7 April 1972, makes it clear that it is impermissible for you to participate in a campaign in support of the election of another judge or to make contributions to a political party or to a nonpartisan committee which has endorsed or is supporting the election of another judge. The only exception to this prohibition is contained in [Opinion Request No. 1974-03], dated 25 April 1974, which concluded that it would not be improper for a group of judges engaged in a united campaign for retention in office to speak and work for the election or re-election of each other. See also [Opinion Request No. 1974-05], dated 22 July 1974.
Your final question is whether you have the right to make campaign contributions in support of a particular individual, whether or not you are a candidate for election. It is the opinion of this Committee that the broad prohibition against political activity contained in Maryland Canon XXVII and the thrust of Maryland Rules 3, 4 and 9 which limit a judge’s political activity to the support of his own candidacy preclude a judge from making contributions in support of the political candidacy of another, and from publicly endorsing a candidate for election to office, whether judicial or nonjudicial. See Code of Judicial

• As of the editing date [July 10, 2006], see Maryland Code of Judicial Conduct (2005), Canon 5C as to the current delineation of candidacies.
  Conduct, promulgated by the American Bar Association, Canon 7A(1)(c).