May a Maryland judge serve on a county steering committee for an equestrian center?

Plain-English summary

A county official invited a trial judge to a temporary committee to advise on establishing an equestrian center. The committee would recommend plans to county officials and dissolve after its recommendations were addressed.

The committee would not solicit operational or maintenance funds, though it might recommend methods of solicitation. The Judicial Ethics Committee concluded that the judge’s participation did not violate Canon XXIV. For the fundraising aspect, it pointed to Opinion 1980-10 rather than authorizing the judge to solicit donations.

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: Could the judge join the temporary steering committee?

A: Yes. The Committee unanimously found no Canon XXIV violation in the described service.

Q: Did the opinion authorize the judge to solicit money?

A: No. It said the committee itself would not solicit funds and referred that issue to Opinion 1980-10.

Background and rules framework

The opinion applies Maryland’s then-cited Canon XXIV concerning judicial prestige and solicitation for charitable enterprises.

Citations and references

• Maryland Canons of Judicial Ethics, Canon XXIV.
• Maryland JEC Opinion Request 1980-10.

See also

• MD Judicial Ethics Op. 1980-10
• MD Judicial Ethics Op. 1984-04

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1980-09

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1980-09

Date of Issue: November 28, 1980

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Serve on Advisory Committee Regarding County’s Establishment of Equestrian Center

A trial judge has requested the opinion of this Committee as to the propriety of the judge’s acceptance of a position to serve on a steering committee concerned with the establishment of a major equestrian center. The invitation has been extended to the judge by the County’s Chief Executive Officer. The County has purchased a race track and proposes to maintain the aforementioned center. The purchase was effected several months ago.
The Committee is informed that the subject center would have barns and a large indoor and outdoor arena. In addition, there is some hope that there would be a steeplechase course and a learning center in horse management for youth groups and 4-H clubs.
The steering committee will be an advisory organization formed to make recommendations to the County Executive and the County Council. It is to be disbanded if and when its recommendations have been acted upon. The committee will not be involved in the solicitation of funds for operational and maintenance costs. However, the committee will be asked to make recommendations concerning the manner and/or method of solicitations.
The Canons and Rules of Judicial Ethics make reference to soliciting for charitable organizations in Canon XXIV, to-wit:
“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 ....; he should not solicit for charities...” It is the unanimous opinion of this Committee that participation of the judge on this steering committee does not violate spirit or the rule of the aforementioned Canon. On the issue of activities involving the solicitation of funds, however, your attention is invited to the first question discussed in our [Opinion Request No. 1980-10].