Could a Maryland judge serve on a charity's legal advisory board when the charity might be involved in the judge's court?

Plain-English summary

A judge asked about joining a charitable organization's Legal Advisory Board. The Committee recognized that judges could generally participate in educational, religious and charitable institutions, subject to restrictions tied to judicial duties and the prestige of office.

The organization might be connected with work of the judge's court, which could raise public concern about the judge's objectivity in matters involving it. The board's legal advisory name also suggested counseling the organization, raising the then-cited prohibition on practicing law. Given those circumstances, the Committee said declining the appointment would be highly desirable.

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 opinion bar judges from all charitable boards?

A: No. It said judges could participate in charitable institutions subject to restrictions.

Q: Why was this legal advisory board problematic?

A: The organization might be involved in matters before the judge, and the board might counsel it on legal matters.

Q: Was the conclusion a categorical prohibition?

A: The Committee's stated conclusion was that declining this appointment would be highly desirable under the circumstances.

Background and rules framework

The opinion discusses Maryland's then-cited Canons XXIII, XXIV and XXX and Ethics Rules 6, 8 and 5. It treats ABA Canon 5B as guidance while expressly saying that the ABA Code had not been adopted in Maryland.

Citations and references

• Maryland Canons of Judicial Ethics, Canons XXIII, XXIV and XXX; Rules of Judicial Ethics, Rules 6, 8 and 5.
• Maryland JEC Opinion Request 1971-05.
• ABA Code of Judicial Conduct (1973), Canons 5B and 5B(1) (not adopted in Maryland, per the opinion).

See also

• MD Judicial Ethics Op. 1975-10
• MD Judicial Ethics Op. 1976-07

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1975-09

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1975-09

Date of Issue: October 3, 1975

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge Not to Serve on Legal Advisory Board of Charitable Organization

You have inquired whether you may, with propriety, serve as a member of the Legal Advisory Board of X, Inc. As you know, it is entirely appropriate for judges to participate in the activities of educational, religious and charitable institutions, subject to several restrictions. Maryland Canon XXIII provides, in effect, that a judge should not incur obligations which in any way interfere or appear to interfere with the performance of his official duties. Canon XXIV provides that a judge should avoid giving a basis for any reasonable suspicion that the power or prestige of his office is being utilized to persuade others to support an institution with which he is connected. Maryland Rules 6 and 8 address themselves to the same questions.
The difficulty in your case is that the X, Inc., might well prove to be an agency which is related to the work of your court. If this should prove to be true, it might well appear to members of the public that you might not be able to act with complete objectivity in instances in which the X, Inc. is interested or involved. In this connection, see [Opinion Request No. 1971-05] of this Committee, dated 1 March 1972.
Additionally, the very name of the Legal Advisory Board would indicate that its function may well be to counsel X, Inc. Canon XXX precludes a judge from practicing law, as does Rule 5.
Although the American Bar Association’s Code of Judicial Conduct, 1973, has not been adopted in Maryland, we have frequently turned to the Code for guidance. Canon 5B permits a judge to serve as “an officer, director, trustee or nonlegal advisor” of a charitable or civic organization, subject to the further proviso in Canon 5B(1) that “A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him....” Under all the circumstances, it is our opinion that it would be highly desirable for you to decline the appointment.