Could a Maryland judge serve as treasurer of a small church?

Plain-English summary

A judge who had long belonged to a small church asked about becoming its treasurer, an office previously held before judicial appointment.

The Committee said Rule 9 did not generally prohibit judges from serving as officers or trustees of religious corporations, but did prohibit their participation in solicitations for funds. It reasoned that the treasurer title might suggest the prestige of judicial office was being used for the church's financial welfare. In those circumstances, it said declining the office would be preferable. The opinion did not state a categorical ban on all church offices.

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 Rule 9 bar all religious organization offices?

A: No. The Committee expressly said the rule was not intended to prohibit judges from serving as officers or trustees of religious corporations generally.

Q: What did it say about the treasurer role?

A: It said accepting that office might suggest use of judicial prestige for the church's financial welfare, so not accepting would be preferable.

Q: Could the judge participate in church fundraising under the cited rule?

A: The opinion said Rule 9 proscribed any participation in a solicitation for funds.

Background and rules framework

The opinion applies Maryland's then-cited Ethics Rule 9 on judicial prestige and personal solicitation. It mentions ABA Canon 5B(2) as context while stating that the ABA Code had not been adopted in Maryland.

Citations and references

• Maryland Rules of Judicial Ethics, Rule 9.
• ABA Code of Judicial Conduct, Canon 5B(2) (not adopted in Maryland, per the opinion).

See also

• MD Judicial Ethics Op. 1976-07
• MD Judicial Ethics Op. 1977-05

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1975-10

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1975-10

Date of Issue: October 21, 1975

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge Not to Serve as Church Treasurer

You have asked this Committee whether you may, with propriety, serve as treasurer of your church. You indicate that for more than 40 years you have been a member of X Church, a small church in , Maryland, which has no more than 100 members. During the period of your membership you have served from time to time as an officer of the church and served as treasurer prior to your appointment to [a court].
Maryland Rule of Judicial Ethics No. 9 provides:
“A judge shall not, directly or indirectly, lend the influence of his name or the prestige of his office to aid or advance the welfare of any private business or permit others to do so. He shall not personally solicit funds for any purpose, charitable or otherwise.”
While this Rule is not intended to prohibit judges from serving as officers or trustees of corporations formed for religious purposes, it does proscribe any participation in a solicitation for funds. The acceptance of an appointment or an election to the office of church treasurer might well support the notion that the prestige of judicial office was being used to promote the financial welfare of the church. While the Code of Judicial Conduct, promulgated by the American Bar Association, has not been adopted in Maryland, this possibility has been noted by Canon 5B(2).
Under these circumstances, it is the opinion of the Committee that it would be preferable for you not to accept that office.