Maryland Judicial Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Maryland Judicial Ethics Committee, with full citations and source links on every page.
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When may a Maryland judge identify a suspected human trafficking victim in court and seek assistance?
Maryland Judicial Ethics Opinion 2017-01 permits limited inquiry and assistance for a suspected trafficking victim, with safeguards for counsel, impartiality, timing of referrals, and probation law.
May Maryland judges accept free Orioles tickets for seats in the Governor’s Box?
Maryland Judicial Ethics Opinion 2017-12 says judges may not accept the free Governor’s Box tickets because the appearance of closeness to the executive branch could undermine confidence in judicial…
May a Maryland judge attend a fundraising event held by a charitable or educational organization on whose board the judge serves?
Maryland Judicial Ethics Opinion 2017-14 permits mere attendance, including at fundraisers, while distinguishing that from formal program appearances or speaking at events unrelated to the law or…
May a Maryland judge organize public education on heroin laws using judicial stationery and a law clerk?
Maryland Judicial Ethics Opinion 2017-13 permits limited judicial participation and initial letterhead outreach, but restricts court-time demands, coercion, clerk work, and fundraising.
May a full-time Maryland District Court commissioner work part-time for a private security company?
Maryland Judicial Ethics Opinion 2017-11 says the commissioner may not take the described security-guard job because Rule 18-203.11 bars full-time judicial appointees from employment by an unrelated…
May a Maryland judge include the judge’s home in a public charity fundraising tour if publicity omits the judge’s title?
Maryland Judicial Ethics Opinion 2017-10 says no: the proposed home tour would still link the judge to a public fundraiser, and omitting the title or naming only the spouse would not remove the…
May a Maryland District Court commissioner work for a nationwide sexual assault support hotline?
Maryland Judicial Ethics Opinion 2017-09 says no because hotline counseling could overlap with criminal or protective-order matters and lead to frequent disqualification and apparent partiality.
May a Maryland judge install officers of a local chamber of commerce at its annual dinner?
Maryland Judicial Ethics Opinion 2017-05 permits the nonpartisan, nonfundraising chamber ceremony if the judge acts privately without robes, checks political ties, and considers recusal if chamber…
May a Maryland senior judge join the Baltimore Police Department consent-decree monitor team?
Maryland Judicial Ethics Opinion 2017-08 permits service on the proposed court-agent monitor team with broad limits on later senior-judge assignments involving Baltimore parties or police misconduct.
May a Maryland judge chair a nonprofit committee that also raises funds?
Maryland Judicial Ethics Opinion 2016-26 permits the judge to chair the committee if the judge takes no part in fundraising and makes that separation clear.
May the spouse of a Maryland judge make partisan political contributions from a joint account?
Maryland Judicial Ethics Opinion 2016-23 permits the spouse’s own partisan contributions but says they should come from funds titled to and traceable to the spouse, not an account shared with the judge.
May a Maryland Orphans’ Court judge serve as a private mediator or court-appointed guardian?
Maryland Judicial Ethics Opinion 2016-19 bars mediation apart from official judicial duties and permits guardianship only within Rule 3.8’s limited family and conflict restrictions.
May a Maryland District Court commissioner also serve as an election judge at a polling place?
Maryland Judicial Ethics Opinion 2016-11 says no because an election judge can direct a polling-place arrest, an executive power incompatible with the commissioner’s judicial-appointee role.
Could a Maryland judicial appointee obtain state licenses to grow, process, or dispense medical cannabis under the law analyzed in 2016?
Maryland Judicial Ethics Opinion 2016-09 concluded that the appointee could not grow, process, or dispense cannabis while federal law prohibited that conduct, despite state medical-cannabis licensing.
May a Maryland judicial candidate host or be featured at a fundraiser for candidates running for a different court?
Maryland Judicial Ethics Opinion 2016-08 says no: endorsement under the cited campaign rule extends to candidates for the same court in the same political subdivision, not candidates in another…
May a retiring Maryland judge consent to a county bar association commissioning a portrait for the State?
Maryland Judicial Ethics Opinion 2016-02 permits consent to the donated portrait if the judge stays out of funding decisions and solicitation and takes reasonable steps to prevent fundraising from…
May a Maryland judge or judicial appointee attend a spouse's campaign events or allow campaign signs at their home?
The Committee concluded that the judge or appointee may not attend the spouse's campaign functions or allow signs on property solely owned by the requestor. A candidate spouse may post signs on…
When may a Maryland judge voluntarily speak to or consult with local government bodies?
The Committee concluded that Rule 3.2 permits voluntary appearances or consultations only within its listed exceptions, including narrowly construed matters about the law or administration of…
May a Maryland judge running for judicial election use funds from an earlier legislative campaign and receive funds from a former nonjudicial slate?
The Committee allowed both uses under the then-cited Judicial Code, assuming compliance with election law and legislative ethics rules. It expressly did not decide whether those outside laws…
Must a Maryland family magistrate step aside from a matter in which the magistrate previously assisted a litigant at a legal clinic?
The Committee required recusal unless all parties and their lawyers waive disqualification after on-record disclosure. For an emergency matter, the magistrate may act but must disclose the possible…
Could a Maryland judge take part in the 2014 Ice Bucket Challenge after being identified by judicial title in a public video?
The Committee said the judge could participate in a personal capacity, but recording and posting a response to a public challenge that named the judicial office would impermissibly lend its prestige…
May a Maryland judge coach a public high school basketball team and accept its coaching stipend?
The Committee permitted coaching if it did not interfere with judicial duties or use court resources. A stipend was permitted if reasonable and commensurate with the work; the judge could not…
May a part-time Maryland Orphans’ Court judge also work for a state or local government agency?
The Committee permitted such employment only for ministerial duties, not discretionary work that could influence the exercise of governmental power. It excluded work in the Register of Wills or…
May a Maryland judicial appointee host a meet-and-greet for a political candidate at home?
No. The Committee concluded that hosting the event would be partisan political activity forbidden to a judicial appointee who was not a candidate, and could lend the prestige of the appointee’s…
May a Maryland judge encourage attorneys to represent indigent litigants pro bono?
Yes. The Committee reaffirmed that judges may solicit attorneys for indigent parties’ pro bono representation, including individual and broader bar communications, so long as they do not coerce…
May a Maryland part-time child-support master also prosecute cases in the same jurisdiction’s District Court?
No. The Committee advised against concurrent work as a circuit court master and part-time prosecutor because the roles could cause frequent disqualification and undermine public confidence in…
May a Maryland Orphans’ Court judge produce other candidates’ political ads and use affiliated media for the judge’s reelection campaign?
The Committee permitted both activities under the conditions it described: outside work could not interfere with judicial duties or exploit the office, and the judge’s own ads had to meet the…
May a Maryland judge write an introduction to a nonprofit bar’s law-related practice manual?
Yes. The Committee permitted the proposed unpaid introduction, based on its law-related subject, modest content, nonprofit publication, and lack of author royalties, while cautioning against…
May a Maryland judge serve as trustee of a New Jersey nonprofit that promotes court access?
Yes. The Committee permitted the trusteeship because the organization concerned access to justice, was not expected to appear in Maryland proceedings before the judge, and required no personal…
What must a Maryland judge do on discovering a dormant pre-bench appointment as substitute foreclosure trustee?
The Committee said the judge should promptly resign as substitute trustee when an unresolved appointment comes to light, even more than a year after taking the bench. It distinguished dormant…
May a Maryland family law master serve on the state’s Commission on Child Custody Decision Making?
Yes, subject to the qualifications in the Committee’s companion Opinion 2013-15. The Committee applied its analysis of judicial service on the same commission because the judicial-appointee and…
May a Maryland judge serve on the state’s Commission on Child Custody Decision Making?
Yes, if the judge’s participation remains limited to work concerning law, the legal system, or the administration of justice, excludes executive and legislative functions, and does not compromise…
May a Maryland judge give unpaid legal commentary on out-of-state cases for a for-profit national talk show?
No. The Committee found the proposed television or radio appearance would lend judicial prestige to the commercial program and could raise impartiality concerns even when the cases arose outside Maryland.
May a Maryland judicial appointee lend money to a friend and collect interest?
Yes, if the friend is not likely to appear before the appointing court, the loan does not cause frequent disqualification or interfere with official duties, the interest rate is reasonable, and…
May a Maryland juvenile court judge serve on a task force studying juvenile court jurisdiction?
Yes, if the judge’s work stays within matters concerning law or court administration, avoids executive and legislative functions, and does not compromise judicial independence.
May a Maryland circuit judge vote to appoint an interim State’s Attorney when a family member works in that office?
The Committee said the judge should abstain because the appointee would control a household member’s employment and income. Prior service in the prosecutor’s office alone would not require abstention.
When must a Maryland judge connected to a hospice step aside from cases involving it or its affiliated hospital?
The Committee required recusal from hospice cases while the judge volunteered there or the spouse sat on its board. For hospital-only cases, the need for recusal depended on circumstances and public…
Does a Maryland judge’s social-media connection with a lawyer automatically create a conflict?
No. The Committee said the mere social connection does not itself create a conflict or require recusal. The relationship and surrounding facts may still call for disclosure or disqualification under…
May a Maryland judge testify about facts learned before taking the bench in a case the judge does not preside over?
Yes. The Committee permitted the requested material fact testimony about the judge’s former legal work, distinguishing fact testimony from expert and character testimony and noting that a presiding…
If a Maryland judge recuses because the judge’s spouse is counsel, must the judge’s colleagues also recuse?
No. The Committee said the spousal-recusal rule does not impute that judge’s conflict to other judges of the court, including when the spouse or another lawyer from the spouse’s firm appears. Other…
May a recalled Maryland judge appear in a collaborative-divorce association’s promotional video?
No. The Committee concluded that discussing the benefits of that divorce method in the association’s video would imply a judicial endorsement and lend the prestige of office to the people who…
May a Maryland trial judge serve on a Public Defender Regional Advisory Board?
Yes, but only in board work concerning law, the legal system, or administration of justice. The Committee excluded executive functions such as employee management and funding or budget decisions.
May a Maryland judge’s name appear on an invitation to join a nonprofit legal-services alumni committee?
Yes. The Committee permitted the judge’s name among other members on the letterhead of a membership invitation, where the judge did not sign it or directly solicit contributions and the organization…
Must Maryland judges recuse when a lawyer appearing before them is a county commissioner with some court-budget authority?
No, on the stated facts. The Committee found that the commissioner’s shared budget authority did not create a personal financial relationship with the judges, though litigation about the…
May a Maryland Orphans’ Court judge serve on the board of a nonpartisan county business organization?
Yes, for the unpaid advisory role described, without fundraising or lobbying, provided the judge’s service does not interfere with judicial duties or cause frequent disqualification and the…
May a Maryland judge be president of a civic organization whose main public event raises funds?
Not if the president’s visible role in introducing fundraisers and thanking donors amounts to prominent participation in fundraising, even without personally asking for donations.
May a recalled Maryland judge serve on a county task force reviewing government oversight mechanisms?
Yes. The Committee permitted service on the purely advisory task force and related public-hearing appearances, subject to limits on judicial duties, executive or legislative power, and possible…
May a Maryland judge hire a law clerk who holds an unpaid elected party central-committee seat?
Yes, on the stated facts, if the clerk’s political work does not conflict with court duties and the judge advises the clerk to make clear that the political activity does not reflect the judge’s…
May a Maryland judge ask law firms to fund or provide a lawyer for a domestic-violence legal-aid project?
Yes. The Committee said informing multiple firms of an opportunity to support the project was encouragement of pro bono service rather than coercion or abuse of judicial prestige under the then-cited rule.
What duties does a Maryland judge have when court staff campaign for a candidate outside work?
The Committee said judges must inform staff of the judge’s ethical limits and prevent staff activity from appearing to express the judge’s views or use judicial office, while cited law limited…
May a Maryland interim substitute court auditor also sit on the Maryland Transportation Authority board?
No. The Committee concluded that the auditor’s judicial appointment could not be combined with a transportation board seat exercising executive power under the then-cited appointee code and…
May a Maryland judge teach a law course to State Police recruits for pay?
Yes. The Committee permitted the teaching if it did not impair judicial duties or impartiality and the pay was reasonable, no more than a nonjudge would ordinarily receive for the same work.
Can a Maryland judge work on a case after recusing, if the issue is uncontested, no other judge is available, or the conflict later ends?
The Committee said a recused judge ordinarily cannot handle even uncontested matters without waiver. Necessity may permit immediate action with disclosure, and later participation after the reason…
May a Maryland District Court commissioner take seasonal data-entry work with an executive agency?
Yes. The Committee permitted the described information-intake work with appointing-authority approval because it did not exercise executive power; the commissioner still had to avoid misuse of…
May a Maryland judge keep a vendor-provided prize won in a random drawing at a court conference?
Yes. The Committee permitted the prize because every attendee was entered and neither sponsor nor vendor selected the judge; it also advised the judge to report the prize as a gift on the annual…
May a retired Maryland judge submit an expert affidavit on Maryland law for one party in a foreign-court appeal?
No. The Committee concluded that the party-sponsored legal opinion would lend judicial prestige to one litigant and appear inconsistent with impartiality, even though the affidavit addressed…
May a recalled Maryland judge also serve as a paid alternate land commissioner for federal condemnation cases?
Yes. The Committee treated the federal land commission as advisory, but cautioned that pay or the federal relationship could require recusal or an agreed nonrecusal in Maryland cases involving the…
May a Maryland judge serve on the Children’s Justice Act Committee, which addresses child-abuse cases and grants?
Yes, if the judge’s participation is limited mainly to improving the law and administration of justice and excludes executive or legislative functions, including agency protocols, binding grant…
May a Maryland District Court Commissioner serve as a volunteer firefighter on personal time?
Yes. The Committee permits the described volunteer work, but the commissioner must act as a private citizen, avoid using the judicial title or position, and observe the Code’s fundraising limits.
May a Maryland judge ask a represented defendant to disclose immigration status at sentencing or a bail hearing?
No. The Committee concludes that the described inquiry could create an appearance of impropriety at sentencing or bail. It expressly reserves whether the inquiry violates substantive law.
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Legal ethics opinions from the Maryland Judicial Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.