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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May a Maryland judge serve on the board of a nonprofit residential treatment center for adolescent girls?
Yes, on the stated facts. The center receives agency rather than direct court referrals and is not expected to litigate regularly; fundraising restrictions still apply, and the opinion calls for…
May a Maryland circuit court judge serve on a county Local Management Board that allocates funds for family services?
No. The Committee concludes that the board’s funding, implementation, and evaluation duties are executive functions, and that its services to litigants could call the judge’s impartiality into question.
May a circuit court master or staff enter case information into a child support agency’s internal case logs?
No. Because the agency is a party before the master and may use the logs in later hearings, the Committee concludes that the master and staff must not make the requested entries.
May a juvenile drug court judge join the board of a treatment provider receiving referrals from that court?
No. The provider receives juvenile drug court referrals, which triggers Canon 4C(4)(c)(ii)’s restriction on board service; the opinion also identifies fundraising limits.
May a judge lecture at a legal ethics seminar co-hosted by a law firm and Bar Counsel and sponsored by an insurer?
Yes, under the described educational format and the opinion’s constraints on impartiality and favoritism. The Committee found that insurer sponsorship alone did not make the lecture improper.
May a retired judge subject to recall advertise mediation or arbitration services using a judicial title and years of service?
The Committee permits an accurate statement that the person is a retired judge, but says the number of years of judicial service should not be stated and ADR decisions should not be signed as a judge.
May a Maryland judge serve as president of a school parent teacher student association?
Yes, on the stated facts: the association is separate from the school system and unlikely to litigate before the judge, while fundraising and direct financial duties are delegated and the letterhead…
What did the Committee advise an administrative judge to do when an organization the judge leads bids on a court contract?
The Committee encourages disclosure and says the judge should recuse from further participation, with another qualified official handling the bid. Its opinion also describes notice to bidders when…
May a judge who is a college trustee co-host an alumni outreach breakfast and use the judicial title on its invitation?
Yes, on the stated facts. The event has no fundraising and is not coercive membership solicitation; the invitation may use the judicial title if comparable professional titles appear for the other hosts.
May a retired Maryland judge approved for recall serve as personal representative of a friend’s estate?
Yes. The Committee says the fiduciary-service restriction does not apply to retired judges approved for recall under Canon 6C, and it identified no other disqualifying issue on the stated facts.
May a judge remain on the board and become president of a charity likely to appear in the judge’s court?
No. The Committee concludes that the charity’s expected appearances in that court, public identification of the judge with it, and the president’s fundraising and public-facing duties make the…
What must a judge disclose when a lawyer appearing before the judge rents office space from the judge?
The judge must disclose the landlord-tenant relationship to the parties and clients so they can object or waive the objection. Without agreement to waive, the judge should recuse absent compelling…
May a judge employ as bailiff a liquor control board member whose decisions are appealed to the judge’s court?
No. The Committee concludes that a judge’s employment of that board member as bailiff creates an appearance of impropriety that recusal cannot overcome.
May a retired judge remain eligible for recall while serving on a county planning commission?
No. The Committee says the judge may accept the planning post, but must relinquish recall eligibility for its term because commission membership is an office under the opinion’s analysis.
May a judge raise on the court’s own initiative whether a debt collection claim covered by the FDCPA is timely?
Yes, under this opinion’s analysis for claims subject to the Act. The Committee permits a timeliness inquiry and says the judge may decline judgment if the creditor does not carry the burden…
May a judge appear as a recovered patient in a physician and hospital television advertisement without mention of judicial office?
No. The Committee concluded that viewers might recognize the judge, lending judicial credibility to private commercial interests and detracting from the dignity of the office despite the omitted title.
May a judge raise a limitations defense for unrepresented defendants in county parking-ticket collection cases?
No. The Committee concludes that asserting the waivable affirmative defense for a party, rather than making a procedural accommodation, would call the judge’s impartiality into question.
Must a judge recuse in a contested case when one party is represented by the judge’s designated “alter ego” lawyer?
Yes. The Committee concludes that the publicly acknowledged special relationship manifests an appearance of bias requiring recusal.
May a sitting judge let a former law firm pay for a reception after investiture into a higher judicial office?
No, on the stated facts. The Committee found the firm-funded event would raise gift and appearance concerns for a sitting judge whose former firm would invite judges, officials, and lawyers.
May a judge direct a nonprofit formed to raise money for drug court participants?
Yes, if the judge’s role avoids both active and passive fundraising. The opinion permits board service while barring personal solicitation, fundraising appearances, use of judicial prestige, and…
May a Maryland judge join a local drug and alcohol abuse council that plans treatment services and reviews grant requests?
Yes. The Committee characterizes the council as advisory because its plan does not bind others and its grant recommendations neither control nor condition funding.
Must or may a judge report suspected criminal conduct by a nonlawyer revealed in unrelated civil litigation?
The Committee says there is no general Code duty to report a nonlawyer’s suspected crime, but the judge may report it in appropriate circumstances and may use judicial stationery.
What did withdrawn Maryland Opinion 2003-26 say about a recalled retired judge’s title in private ADR work?
This withdrawn opinion rejected use of retired judicial status on private ADR decisions and related letterhead. Opinion 2008-14 later withdrew it after a Canon 4F revision, so its historical holding…
May a judge receive a court social worker’s home study before a custody trial without making an impermissible ex parte communication?
Yes, if the report is shared with the parties or counsel and any trial reliance preserves their opportunity to examine the author and present evidence supporting or rebutting it.
How did Maryland Opinion 2003-01 treat a new master’s old legal fees and a $50 gift from a lawyer receiving referrals?
The opinion urged a former firm lawyer to submit a payout agreement under its then-cited rule, allowed a former solo lawyer to collect earned fees without using official prestige, and said the…
May a judge direct a traffic defendant’s proposed donated goods to a particular charity in place of an unpaid fine?
No. The Committee treats directing the donation as judicial solicitation for that charity and says facilitating this further bargain after repeated nonpayment could undermine public confidence.
May a Maryland judge candidate attend fundraisers for nonjudicial candidates to advance the judge’s own election?
Yes, under the corrected opinion, attendance solely to advance the judge’s candidacy is not itself a public endorsement. The judge must avoid words or actions that endorse the host party or candidate.
May a Maryland state judge serve on a federal court merit panel for appointing or reappointing magistrate judges?
Yes. The Committee views the panel as a governmental advisory body supporting the administration of justice because federal district judges retain final appointment authority.
May a judge who is not seeking election attend a fundraiser for judges of another court?
No. The Committee concludes that the political-activity latitude available to judicial candidates does not apply to the requesting judge, who was not a candidate.
May a judge running for election be a named beneficiary of a joint fundraiser with a candidate for register of wills?
No. The Committee says joint fundraising would publicly endorse the nonjudicial candidate, unlike simply attending another campaign event or appearing on the same ticket.
May a judge write a paid recurring legal-information column in a commercial national magazine?
No, on the proposed facts. The Committee found that a recurring judge-branded column in an advertising-heavy commercial publication could lend judicial prestige to the publisher and imply…
May a judge accept “Judicial Fellow” recognition from an organization representing plaintiffs in tort cases?
No. The Committee concludes that the designation could imply affiliation with the plaintiffs’ perspective and undermine public confidence in judicial impartiality, even without dues.
May a judge order a defendant to contribute to a substance-abuse fund as a condition of probation or probation before judgment?
No. The Committee treats the court-ordered contribution as prohibited solicitation and says its coercive character raises further integrity and appearance concerns.
May a judge accept a $500 honorarium for joining a health-care panel discussion?
No. Although the Committee says the judicial code could allow reasonable compensation, it concludes that the then-cited Maryland Public Ethics Law barred this $500 honorarium.
May a court grant a prosecutor’s motion to stet a charge on the condition that the defendant donate to charity?
No. A majority of the Committee treats the court-ordered donation as solicitation and an appearance of impropriety; a donation agreement not disclosed to the judge is not a condition of the stet.
May a judge accept a largely paid trip from Maryland entities whose interests might later come before the judge?
No, unless the judge pays the judge’s own expenses. The Committee treats the invitation as a substantial gift that could create an appearance of being beholden to future litigants.
May a judge appear on a list of judicial supporters in a bar association candidate’s vote-solicitation letter?
No. The Committee concludes that endorsing the candidate uses judicial prestige to advance the candidate’s private interests; a separate list of judicial supporters emphasizes that use.
May circuit court judges ask lawyers to volunteer for child-custody pro bono cases by direct contact, bar ad, or bar meeting?
Yes. The Committee distinguishes requests for legal services to indigent custody litigants from soliciting funds for a charity and approves each described method.
May a sitting judge join an arbitration association advisory board that evaluates its mediation and arbitration services?
No. The Committee identified concerns about promoting paid ADR providers, giving legal advice, and later court cases involving parties or disputes exposed through the board.
May a Maryland judge remain a member of a private hunting and fishing club that excludes women?
No. The Committee concludes that this club’s sex-based membership exclusion is invidious discrimination under then-cited Canon 2C and undermines public confidence in impartiality under Canon 2A.
May a circuit court bench vote collectively on applicants and send its ratings to a judicial nominating commission?
No. The Committee rejects collective ratings as insufficiently tied to each judge’s personal knowledge and as potentially pressuring the commission; it distinguishes individual evaluations of applicants.
May a judge keep operating a multilevel marketing business with a spouse while avoiding mention of judicial office?
No. The Committee concludes that the judge’s active selling and recruitment could use the recognized prestige of judicial office to persuade customers and recruits, even without stating the title.
May a Maryland judge accept an unpaid commission on the state militia Adjutant General staff?
No. The Committee treats the commission as another office because the militia could be mobilized to exercise state power, despite its usually advisory work and lack of salary.
May a judge serve as a Veterans of Foreign Wars post commander or district advocate?
The Committee permits post commander service if the judge does not solicit funds or use office prestige for fundraising. District advocate service is impermissible if its duties include legal advice…
May a judge teach civil trial practice to associates of one law firm in an after-work session?
Yes, if the judge remains reasonably available for similar invitations from others and participates with that firm only occasionally. The opinion also permits the described dinner.
May a judge designate remain a director of a community college foundation primarily devoted to fundraising?
No. The Committee concludes that, given fundraising as the foundation’s main function and a five-person board, the judge could not be insulated from solicitation or its public appearance.
May a judge serve as the legal member or chair of a nursing home ethics committee advising on patient treatment decisions?
No. The Committee concludes that the role would call on the judge to give legal evaluations and advice, amounting to the prohibited practice of law under the then-cited Canon.
May a judge chair a Justice Fellowship task force promoting restitution and community rehabilitation centers?
Yes, only on the Committee’s stated assumptions: the task force remains removed from court participants and litigation, does not fundraise, and confines government contacts to the justice-related…
May a retired judge who is periodically recalled take unpaid roles in church marriage-annulment proceedings?
Yes. The Committee found no ethical conflict because the ecclesiastical proceedings and annulments had no civil-law effect, and it reversed its earlier contrary view about the advocate role.
Can a Maryland court master take temporary unpaid leave to campaign actively for a spouse seeking elective office?
No. The Committee says leave does not avoid the then-cited partisan-activity restriction; a master choosing active campaign involvement should resign.
May a Maryland judge candidate’s name appear on the same election ticket as nonjudicial candidates, even if unopposed?
Yes, under this opinion, including when the judge appears unopposed. The holding is limited to listing the judge’s name on the ticket and does not authorize additional joint campaign activity.
May a judge’s spouse independently work, endorse, and raise funds for a candidate for public office?
Yes. The Committee says judicial Canons govern the judge rather than the spouse, and cautions that the spouse should ensure the work is understood as personal activity rather than surrogate…
Should a Maryland appellate judge hear an appeal that challenges a ruling by the judge’s trial-court sibling?
The Committee concluded that the appellate judge should not sit when the appeal puts the correctness of the sibling’s decision at issue, because participation would create an appearance of impropriety.
May a Maryland judge retain property that requires a quiet-title suit in the judge’s court?
Yes, the Committee concluded, if the judge abstains from every judicial act in the quiet-title proceeding; a single suit to perfect title does not itself make the property an enterprise frequently…
Must a Maryland judge recuse whenever a lawyer who co-owns land with the judge appears in court?
The Committee did not require automatic recusal on the stated facts, but required disclosure of the co-ownership to both sides and their clients; if anyone objects, the judge should not sit absent…
May a Maryland judge be named as a reference in a judicial education institution’s solicitation letter or attend its donor reception?
No. The Committee said the judge should neither allow the solicitation letter to name the judge nor attend the proposed donor reception.
May a Maryland judge refer a DWI probationer to a private treatment program benefiting the judge or a close relative?
No. The Committee concluded that a referral to a program in which the judge or a close relative has a financial interest creates a clear appearance of impropriety.
May a Maryland judge attend a social function as an attorney’s guest if the host appears to display a close relationship with the judge?
The Committee said a judge may accept when there is no reason to suspect improper use of the judge’s presence, but should leave if the judge then finds the situation compromising or uncomfortable.
May a sitting Maryland judge seek a state senate vacancy through a party central committee?
No. The Committee concluded that the judge could not ask the party central committee to consider the judge for the legislative vacancy before resigning from judicial office.
Which alcohol education and speaking activities could the Maryland judge undertake in this opinion?
The Committee rejected lectures at nearby treatment facilities and keynote fundraising speeches, but permitted compensated educational seminars, community-college teaching, and recorded lectures…
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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.