Md. R. Jud. & Judi. Appts. 18-103.11

As amended through November 13, 2024

Rule 18-103.11 - Financial, Business, or Remunerative Activities (Aba 3.11)

(a) A judge may hold and manage investments of the judge and members of the judge's family.

(b) Except as permitted by Rule 18-103.7, a judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in:

(1) a business closely held by the judge or members of the judge's family; or

(2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family.

(c) A judge shall not engage in financial activities permitted under sections (a) or (b) of this Rule if they will:

(1) interfere with the proper performance of judicial duties;

(2) lead to frequent disqualification of the judge;

(3) involve the judge in frequent transactions or continuing business relationships with attorneys or other persons likely to come before the court on which the judge serves; or

(4) result in violation of other provisions of this Code.

(d) This Rule does not apply to senior judges.

Md. R. Jud. & Judi. Appts. 18-103.11

This Rule is derived from former Rule 3.11 of Rule 16-813(2016).

Adopted June 6, 2016, eff. 7/1/2016. Amended June 20, 2017, eff. 8/1/2017; amended March 1, 2024, eff. 7/1/2024.

HISTORICAL NOTES

2017 Orders

The June 20, 2017 order, changed a certain reference from retired judges approved for recall to senior judges.

COMMENT

[1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of judicial duties. See Rule 18-102.1. Similarly, it would be improper for a judge to use the judge's official title or appear in judicial robes in business advertising, or to conduct the judge's business or financial affairs in such a way that disqualification is frequently required. See Rules 18-101.3 and 18-102.11.

[2] As soon as practicable without serious financial detriment, the judge must divest from investments and other financial interests that might require frequent disqualification or otherwise violate this Rule.

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