Md. R. Jud. & Judi. Appts. 18-100.3

As amended through November 13, 2024

Rule 18-100.3 - Definitions

In the Rules in this Chapter, the following definitions apply except as otherwise expressly provided or as necessary implication requires:

(a)Domestic Partner. "Domestic partner means an individual with whom another individual maintains a household and an intimate relationship where the two individuals are not legally married to each other.

(b)Fiduciary. "Fiduciary includes relationships such as administrator, attorney-in-fact by power of attorney, personal representative, and trustee.

(c)Gift.

(1) Except as provided in subsection (c)(2) of this Rule, "gift means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.

(2) "Gift does not include the solicitation, acceptance, receipt, or regulation of a political contribution that is regulated in accordance with:

(A) the Election Law Article of the Maryland Code; or

(B) any other Maryland law regulating the conduct of elections or the receipt of political contributions.

(d) Impartial. "Impartial, "impartiality, and "impartially mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.

(e) Impending Matter. "Impending matter means a matter that is imminent or expected to occur in the near future.

(f)Independence. "Independence means a judge's freedom from influence or controls other than those established by law.

(g) Knowingly. "Knowingly, "knowledge, "known, and "knows mean actual knowledge of the fact in question. An individual's knowledge may be inferred from circumstances.

(h) Member of Judge's or Candidate's Family. "Member of a [judge's] [candidate's] family means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or individual with whom the judge or candidate maintains a close familial relationship.

(i)Member of Judge's or Candidate's Household. "Member of [judge's] [candidate's] household means:

(1) if sharing the judge's or candidate's legal residence, the judge's or candidate's spouse, domestic partner, child, ward, financially dependent parent, or other financially dependent relative; or

(2) the judge's or candidate's spouse, child, ward, parent, or other relative, over whose financial affairs the judge or candidate has legal or actual control.

(j)Pending Matter. "Pending matter means a matter that has commenced. A matter continues to be pending through any appellate process until final disposition.

(k)Significant Financial Interest.

(1) "Significant financial interest means ownership of:

(A) an interest as the result of which the owner has received within the past three years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year;

(B) more than 3% of a business entity; or

(C) a security of any kind that represents, or is convertible into, more than 3% of a business entity.

(2) In applying this definition:

(A) ownership of an interest in a mutual or common investment fund that holds a security is not ownership of the security unless:

(i) the judge participates in the management of the fund; or

(ii) there is before the judge a pending matter or an impending matter that could substantially affect the value of the interest;

(B) ownership of a government security is not a significant financial interest in the issuer unless there is before the judge a pending matter or an impending matter that could substantially affect the value of the security;

(C) neither a deposit in a financial institution nor a proprietary interest such as or similar to that of a depositor in a mutual savings association, member of a credit union, or policy holder in a mutual insurance company is a significant financial interest in the entity unless there is before the judge a pending matter or an impending matter that could substantially affect the value of the deposit or interest; and

(D) an ownership interest in a security held by a charitable, civic, educational, fraternal, sororal, or religious organization will not be imputed to a judge merely because the judge or the judge's child, parent, or spouse is an adviser to or director or officer of, or otherwise actively participates in, the organization.

(l)Third Degree of Relationship. "Third degree of relationship includes the following individuals: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece.

Md. R. Jud. & Judi. Appts. 18-100.3

This Rule is derived from paragraphs B-101 through B-112 of former Rule 16-813(2016).

Adopted June 6, 2016, eff. 7/1/2016; amended March 1, 2024, eff. 7/1/2024.