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 seek zoning relief for the judge’s property or oppose nearby land uses?
The Committee permitted private-citizen participation within stated limits, but barred private influence on officials and required recusal if the related property issues later came before the judge.
May a Maryland judge recommend former constituents for a raise or public appointment?
The Committee rejected the requested intervention for an employee’s raise; a recommendation for an appointment depended on the judge’s special knowledge of the candidate rather than the prestige of…
May a Maryland judge serve on a municipality’s ethics commission?
No. The Committee treated the commission’s power to hear and decide complaints as a governmental office barred to the judge by then-cited Ethics Rule 3.
May a Maryland Orphans’ Court judge write probate bonds for insurance clients through the judge’s private business?
No. The Committee said neither the judge nor an agent acting in the judge’s name could write probate bonds for clients while the judge’s court sets bonds for estates.
May a Maryland judge lease office space to a state agency and hear cases involving that agency?
The Committee found no impropriety in the described lease or related cases, provided the lease remained straightforward and did not create an entanglement reasonably affecting the judge’s impartiality.
May Maryland judges receiving payments from successor law firms hear cases involving an associate hired by those firms?
No. The Committee applied Courts Article § 1-203(c) to the associate, including cases handled under a public-defender contract, while successor payments continued.
May a Maryland judge hear cases involving a successor law firm still owing the judge referral fees?
No. The Committee reaffirmed that the judge could not hear cases involving the firm while the referred matter remained open and the judge’s share of the fee remained unpaid.
May a Maryland judge hear a challenge to traffic regulations adopted by the subdivision where the judge owns property?
No. The Committee concluded that the judge should recuse because the public could reasonably perceive an interest in the validity of the subdivision’s rules.
Could a Maryland judge accept bar-association invitations and hear cases involving the judge’s in-laws?
The Committee permitted bar-association attendance without payment, required recusal for a case involving the judge’s brother’s wife, and found no automatic bar for a case involving her father.
May a Maryland judge serve on a county steering committee for an equestrian center?
Yes. The Committee found no violation in advisory service on the described temporary steering committee; it referred the separate fundraising issue to its opinion on church vestry service.
May a Maryland judge serve on a church vestry and hear cases involving a former law partner?
The Committee allowed internal church fundraising decisions without solicitation and found no recusal required for the former partner on the stated facts of a nearly valueless shared investment.
Could a Maryland judge invest in the described municipal-bond fund and hear cases involving its bond obligors?
The Committee permitted investment only if no real bond obligor frequently litigated in the judge’s court, and required recusal when the judge had a significant financial interest in a litigating obligor.
Could a Maryland judge remain co-trustee of an uncle’s testamentary trust administered by the judge’s court?
Yes. The Committee concluded that the judge could remain trustee because the statute permitted it and the described nonadversary, nearly completed trust would not interfere with judicial duties.
May a Maryland judge remain co-trustee of trusts holding stock in companies that may appear before the judge?
The Committee allowed the described trusteeship but required recusal when a trust litigated or held a significant interest in a litigating business, regardless of counsel’s consent.
Could a Maryland appellate judge seeking retention engage in political activities connected to that election?
Yes. The Committee applied the then-cited Canon XXVII election exception to an appellate judge seeking continuation in office and approved the types of activity asked about.
May a Maryland judge write an unpaid introduction recommending an alcoholism book to judges and other professionals?
Yes. On the described facts, the Committee concluded that the introduction was not barred by the then-cited prohibition on using judicial prestige to promote a business or charity.
May friends establish a blind trust to pay a Maryland judge’s defense counsel after an indictment?
The Committee permitted the trust as described, with the judge unaware of donors and amounts, while warning against any appearance that judicial office was used to induce contributions.
Could a Maryland court master ask lawyers appearing before the master to support a judicial appointment?
Yes, if the master merely disclosed the candidacy and welcomed voluntary support without requiring an answer or any report of action, so no actual or implied pressure arose.
May a Maryland judge recommend a candidate for judicial appointment without being asked?
Yes. The Committee concluded that solicited and unsolicited recommendations for judicial appointment did not violate the cited canons or separation-of-powers provision, while cautioning about…
May a Maryland judge be honored at a dinner whose incidental surplus is later donated to charity?
Yes, on the stated facts. The Committee found the dinner honored work on race relations rather than raising money, and the incidental possible surplus did not turn attendance into solicitation.
May a Maryland judge lease a small former law office to a lawyer who appears before the judge and personally collect rent?
Yes, on the stated facts. The Committee allowed the lease, cases involving the tenant, and the judge’s own lease negotiations and rent collection as minimal property management.
May a Maryland judge serve as county director or acting director of civil defense and disaster preparedness?
No. The Committee concluded that the director’s delegated emergency powers made the position a governmental office barred by then-cited Ethics Rule 3.
May a Maryland judge serve on a county alcoholism advisory council and lecture at clinics attended by court probationers?
The Committee allowed advisory-council service but found that clinic lectures could appear to impair objectivity when the same probationers later returned to court.
May a Maryland judge serve on the board of a university foundation that holds and spends donated funds?
Yes. The Committee found no impediment to serving as trustee of the described charitable foundation, which did not solicit funds, and said the judge should decline related legal counseling.
May a Maryland judge serve as treasurer of a bar association?
Yes. The Committee permitted the described bar association treasurer role, which involved no solicitation of dues or funds and did not interfere with judicial duties.
May a Maryland judge act as personal representative of an estate administered outside Maryland?
Yes, under the opinion’s stated facts. The Committee found no Maryland ethics or statutory bar, while leaving the judge to verify the law where the estate would be administered.
May news media photograph and televise a Maryland court’s ceremony inducting new judges?
Yes. The Committee concluded that the induction ceremony was not a judicial proceeding and fell outside the then-cited Rule 11 restriction on courtroom photography and broadcasting.
May a Maryland judge attend a fundraising breakfast for the judge’s spouse’s reelection campaign?
No. The Committee concluded that attendance at the spouse’s campaign fundraiser would violate then-cited Canon XXVII on political activity.
May a group of Maryland judges transfer surplus campaign funds to judicial candidates in another jurisdiction?
No, on the stated facts. A majority of the Committee concluded that the proposed $500 contribution did not advance the donor judges’ own election and therefore fell outside the then-cited Canon…
May a Maryland judge keep a passive land investment shared with former law partners, one now a state’s attorney?
The Committee allowed the passive land interest but advised the judge to avoid cases in which the state’s attorney personally appeared or took more than a routine administrative role.
May a Maryland judge serve on a private college board and participate in its fundraising?
The Committee permitted board service but said the judge should neither participate in college fundraising nor allow the judge’s name to be used for it.
May a Maryland judge seeking election buy tickets to other candidates’ fundraising dinners?
Yes, if the judge is an immediate candidate and believes attendance and the admission payment will promote the judge’s own candidacy, the Committee concluded under its then-cited election exception.
May a Maryland judge join a hospital research committee to evaluate projects from a legal perspective?
No. The Committee said the proposed legal-evaluation role could interfere with judicial duties or create that appearance, despite the hospital’s statement that the judge would not give formal legal…
May a Maryland judge remain personal representative, trustee and guardian for the family of a former client unrelated to the judge?
No. Although the Committee saw no Canon XXVI interference on the stated facts, it concluded that Maryland statutory law barred the judge from continuing all three fiduciary roles; the opinion cites…
May a Maryland judge serve as trustee of a religious foundation that manages church gifts?
Yes, on the described nonsoliciting role. The Committee said the judge should keep the judge’s name out of fundraising material and avoid legal counseling for the foundation.
May a Maryland Orphans’ Court judge work as an auctioneer at estate sales?
No. The Committee unanimously concluded that this private work would create an appearance that judicial office was being used to attract estate-sale business.
May a Maryland judge buy a small office building outside the judge’s circuit as a passive investment?
Yes, on the stated facts. The Committee approved a purchase negotiated and settled by retained counsel, with no relationship to the seller or tenants and little likelihood the tenants would appear…
May a Maryland judge provide a confidential lawyer rating and a school recommendation on judicial stationery?
Yes. The Committee allowed the confidential directory response and an ordinary educational recommendation, including use of judicial stationery for the latter.
Must a Maryland judge recuse when counsel comes from a firm employing the judge’s son, who is not involved in the case?
No automatic recusal was required on the stated facts. The Committee said the answer turns on reasonable doubt about impartiality or whether the relative’s firm interest could be substantially affected.
May a Maryland judge teach law for pay at a proprietary school that trains security personnel?
Yes, assuming no interference with judicial duties or contrary law. The Committee said then-cited Canon XXX did not limit paid law teaching to colleges or law schools.
Must a Maryland judge recuse when the judge's son is called as a witness in an estate matter?
No automatic disqualification followed from the son's appearance as a witness. The Committee said the judge should assess the proffered testimony before deciding whether recusal was required.
Could a Maryland judge retain passive business and real estate interests while hearing cases that might affect them?
The Committee allowed the described passive holdings on its stated assumptions, but said the judge should not hear any case involving or potentially affecting an ownership interest, even with…
Could a Maryland judge own an office building leased to a lawyer who appeared before the judge?
Yes, on the stated facts. The Committee found no violation so long as the relationship remained strictly landlord and tenant, and declined to decide a future ownership question tied to the judge's…
Could a Maryland judge serve without pay as an arbitrator in a case pending before a court?
No. The Committee read then-cited Canon XXX as an unqualified ban on a judge acting as an arbitrator, whether or not the judge was paid.
Could a Maryland judge seek paid publication of articles about a foreign judicial system?
Yes, for the proposed legal writing. The Committee applied Canon XXX's permission for compensated writing on law, subject to its conditions on judicial duties and positive law.
Could judges solicit donations to restore courthouse art, or arrange for others to solicit under court sponsorship?
Judges could not participate in the proposed solicitation. The Committee allowed lawyers and other citizens to raise funds and give them to the committee only if judges had no role in choosing or…
Could a Maryland judge explain judicial duties to a political club?
Yes. The Committee allowed a talk about judicial duties before a political organization and said the judge should arrange a fixed time and leave after speaking, before the club's other business.
Under the 1976 Maryland judicial ethics rule, could campaign contributions go to a candidate's treasurer or a voluntary committee's treasurer?
Yes, under the law discussed in the 1976 opinion. The Committee said contributions for a single judicial candidate could go to either treasurer, while declining to decide separate statutory…
Did Maryland's judicial ethics Canons or Rules bar a judge's spouse from legislative assistant work?
No. The Committee said the Maryland Canons and Rules of Judicial Ethics did not address the nature of employment accepted by a judge's spouse.
Could a Maryland judge manage a spouse's cousin's affairs under a power of attorney?
A majority allowed the described attorney-in-fact role if it did not interfere, or appear to interfere, with judicial duties. The opinion said the judge could not hold legal title to the assets and…
Could Maryland judges take part in simulated juvenile-case videos for education?
Yes, for the educational simulations described. The Committee found judicial participation unobjectionable but told the judges to account for the then-cited camera rule and any stricter local…
Could a Maryland judge serve as treasurer of a small church?
The Committee said it would be preferable for the judge not to accept the treasurer post. Rule 9 did not bar religious officers generally, but prohibited a judge's participation in fundraising and…
Could a Maryland judge serve on a charity's legal advisory board when the charity might be involved in the judge's court?
The Committee said it would be highly desirable to decline the appointment. It identified possible court involvement, public concern about objectivity, and the risk that a legal advisory role would…
Under Maryland's 1975 opinion, could a judge running for election attend political fundraisers and contribute to supporters?
Yes, during the opinion's specified election period and for groups supporting the judge's own candidacy. The Committee said the judge could not contribute to or publicly endorse another candidate.
Could a Maryland judge appear in a charity's documentary when it was not used to raise funds?
The Committee treated the appearance as potentially permissible if the film was not used for fundraising or directly sponsored by an advertiser. It said the latter condition might defeat the…
Could a Maryland judge own a farm with a brother and personally negotiate its sale?
The Committee found no Maryland judicial ethics prohibition on owning the farm, but read In re Foster as barring the judge's active property management and personal participation in sale…
Could a Maryland judge serve without pay as coexecutor of a spouse's uncle's West Virginia estate?
The Committee said Canon XXVI did not bar the role on the stated facts, but declined to decide whether Maryland's then-cited statute also restricted a judge's qualification as coexecutor in another state.
Could a Maryland judge take part in a religious organization's services auction when the judge's name would help raise money?
No. The Committee said the contemplated participation was clearly prohibited because the invitation would use the judge's name to encourage attendance and increase auction proceeds.
Could a Maryland judge be honored at a luncheon whose souvenir program solicited charitable contributions?
No, for the described event. The Committee found the souvenir-program contribution drive within the then-cited ban, while distinguishing a testimonial dinner unconnected to fundraising.
Could a Maryland judge appear in a televised mock trial using an actual courtroom and jury panel?
The Committee allowed the judge's role in a single mock-trial program under its funding conditions, but said the production should not use an actual courtroom or jury panel.
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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.