May a Maryland judge attend a fundraising breakfast for the judge’s spouse’s reelection campaign?

Plain-English summary

A judge asked about attending a breakfast honoring the judge’s spouse that her committee organized to raise money for reelection to a council seat.

The Committee applied Canon XXVII’s restriction on partisan activity. It found that the judge did not come within the election exception described in that canon and that one stated purpose of the breakfast was to raise campaign funds. It therefore concluded that attendance would be improper.

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 event’s label as an honor breakfast change the answer?

A: No. The Committee relied on its express fundraising purpose.

Q: Did the judge qualify for the canon’s judicial-candidate exception?

A: The Committee said this judge did not qualify for that exception on the facts presented.

Background and rules framework

The opinion applies Maryland’s then-cited Canon XXVII to attendance at a spouse’s political fundraising event.

Citations and references

• Maryland Canons of Judicial Ethics, Canon XXVII.
• Maryland JEC Opinion Requests 1972-01, 1973-06 and 1975-08.

See also

• MD Judicial Ethics Op. 1985-06
• MD Judicial Ethics Op. 1980-08

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1979-01

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1979-01

Date of Issue: January 31, 1979

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge Not to Attend Fundraisers for Spouse’s Reelection

You have requested our opinion as to the propriety of your attendance at a breakfast in honor of your wife on February 18, given by her fund-raising committee to honor her service and to raise funds for her re-election to the Council.
Canon XXVII provides:
“While entitled to entertain his personal views of political questions, and while not required to surrender his rights or opinions as a citizen, it is inevitable that suspicion of being warped by political bias will attach to a judge who becomes the active promoter of the interests of one political party as against another.
“He shall neither accept nor retain a place on any party committee nor act as party leader, nor engage generally in partisan activities.
“Where, however, it is necessary for judges to be nominated and elected as candidates of a political party, nothing herein contained shall prevent the judge from attending or speaking at political gatherings, or from making contributions to the campaign funds of the party that has nominated him and seeks his election or re- election.”
The second paragraph of the Canon specifically prohibits engaging generally in partisan activities. Since, as a Court Judge, you do not fall within the exception contained in the third paragraph pertaining to the necessity to be nominated and elected as a candidate of a political party, the Committee believes that your attendance at your wife’s breakfast violates the terms of Canon XXVII.
[Opinion Request No. 1972-01], issued April 7, 1972, indicates:
“It would be improper for a judge publicly to support or endorse the candidacy of any individual seeking election to office...”.
[Opinion Request No. 1973-06], issued May 23, 1973, reinforces this interpretation. The Committee said:
“The general rule, of course, is that a judge may not engage in any partisan political activity. ...
“In his July 21, 1971, directive, Chief Judge Hammond said: It is improper for a judge to attend political fund raising functions...”.
This determination is further reinforced by [Opinion Request No. 1975-08], issued July 7, 1975, which prohibits specifically endorsing a candidate for election to office, whether judicial or non-judicial.
Since one of the articulated purposes of the breakfast is to raise funds for the re-election of a political candidate, the Committee believes your attendance would be improper.