May a Maryland judge write an unpaid introduction recommending an alcoholism book to judges and other professionals?

Plain-English summary

A trial judge proposed an unpaid introduction recommending a low-priced book on alcoholism prevention, treatment and family advice. The publisher was religious and profits would go to a religious organization.

The Committee examined Canon XXIV and Ethics Rule 9, which restricted use of judicial prestige and personal fundraising. It treated the book as similar in purpose to a legal publication and concluded that the introduction was permissible on the facts submitted. It also cited Canon XXX on judicial writing that does not interfere with duties.

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: Was the proposed introduction permitted?

A: Yes. The Committee said Canon XXIV and Ethics Rule 9 did not preclude it on the stated facts.

Q: Would the judge be paid for the introduction?

A: No. The request said the judge would receive no compensation.

Q: Did the Committee treat the book as a strict legal publication?

A: No. It said the book was not legal writing in the strict sense but had a similar purpose.

Background and rules framework

The opinion applies Maryland’s then-cited Canon XXIV, Canon XXX and Ethics Rule 9 to a judge’s proposed unpaid book introduction.

Citations and references

• Maryland Canons of Judicial Ethics, Canons XXIV and XXX; Ethics Rule 9.
• Maryland JEC Opinion Request 1976-08.

See also

• MD Judicial Ethics Op. 1983-03
• MD Judicial Ethics Op. 1984-04

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1980-07

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1980-07

Date of Issue: July 11, 1980

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Write Introduction to Book on Alcoholism Recommending it to Judges and Other Professionals

A trial judge has requested the opinion of the Committee as to the propriety of his writing an Introduction to a book concerning the prevention and treatment of alcoholism and giving advice to the families of alcoholics. The proposed Introduction highly recommends the book to judges and other professionals dealing with legal and social problems related to alcoholism. The book is being published by a religious publishing house with any profits going to a religious organization. The judge will receive no compensation. The book will sell for under $3.00 per copy.
Under Canon XXIV, “A judge should avoid giving ground for any reasonable suspicion that he is utilizing the power or prestige of his office to persuade or coerce others to patronize or contribute either to the success of private business ventures or to charitable enterprises...”. Rule 9 states, “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.” It is the opinion of the Committee that the writing of this Introduction is not precluded by either the Canon or the Rule. Judges have frequently written similar passages for books dealing with legal subjects1, and, while this book is not a legal publication in the strict sense of that definition, it has a similar purpose. It is considered by the judge requesting the opinion as being a valuable source material.
Canon XXX specifically provides, in part, that a judge may write upon subjects in law, and accept compensation therefor, if such does not interfere with the performance of his judicial duties.
[Opinion Request No. 1976-08], dated July 8, 1976, held that such legal writings are not proscribed by Canon XXIV or by Rule 9. We believe the same conclusion is warranted under the facts contained in this request.

1 e.g. Rosenberg, The Pretrial Conference and Effective Justice, Columbia University Press, 1964, Preface by Mr. Justice Tom C. Clark; Aaronson, Maryland Criminal Jury Instructions and Commentary, The Michie Company, 1975, Forward by the Hon. J. Dudley Digges; Maryland Pattern Jury Instructions ) Civil, Lawyers Cooperative Publishing Co., 1977, Preface by The Hon. Robert C. Murphy; Binder, The Hearsay Handbook, Shepard’s Citations, Inc., 1975, Forward by The Hon. Joseph S. Lord, III, Chief Judge, U.S. Dist. Ct., Eastern Dist. of Pa.