Ezel / Ethics Opinions / JUDICIAL-MD

Could a Maryland judge serve without pay as an arbitrator in a case pending before a court?

Short answer No. The Committee read then-cited Canon XXX as an unqualified ban on a judge acting as an arbitrator, whether or not the judge was paid.
Bar
JUDICIAL-MD
Issued
September 20, 1976
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1976. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Both sides of a case pending in court asked a judge to arbitrate without compensation. The judge sought an ethics ruling before accepting.

The Committee said Canon XXX of the Maryland Canons of Judicial Ethics forbade the proposed role. Its ban on acting as an arbitrator or moderator was unqualified, so the absence of compensation did not change the result.

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 both parties' request make arbitration permissible?

A: No. The Committee said the Canon barred the judge's participation even though both sides asked.

Q: Did an unpaid role fall outside the prohibition?

A: No. The opinion expressly applied the ban regardless of compensation.

Background and rules framework

The opinion applies the last sentence of Maryland's then-cited Canon XXX, adopted in Maryland Rule 1231, to a judge asked to arbitrate a pending case.

Citations and references

  • Maryland Canons of Judicial Ethics, Canon XXX; Maryland Rule 1231.

See also

Source

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1976-09

Date of Issue: September 20, 1976

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge Not to Act as Uncompensated Arbitrator In Pending Court Case

You have advised the Judicial Ethics Committee that you have been asked by both sides to act as an arbitrator in a case presently pending before the X Court. You further point out that your participation would be without compensation, and you request a ruling of the Committee concerning the propriety of such participation.
It is the opinion of the Committee that the Canons of Judicial Ethics, Maryland Rule 1231, forbid your participation as an arbitrator. The last sentence of Canon XXX provides in relevant part: “A judge may not act as an arbitrator or moderator ... .” This provision is unqualified, prohibiting a judge from acting as an arbitrator whether or not compensation is provided.

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