Md. R. Jud. & Judi. Appts. 18-103.2

As amended through November 13, 2024

Rule 18-103.2 - Appearances Before Governmental Bodies and Consultation with Government Officials (Aba 3.2)

A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except:

(a) in connection with matters concerning the law, the legal system, or the administration of justice;

(b) in connection with matters about which the judge acquired knowledge or expertise in the course of the judge's judicial duties; or

(c) when the judge is acting self-represented in a matter involving the judge's legal or economic interests, or when the judge is acting in a fiduciary capacity.

Md. R. Jud. & Judi. Appts. 18-103.2

This Rule is derived from former Rule 3.2 of Rule 16-813(2016).

Adopted June 6, 2016, eff. 7/1/2016.

COMMENT

[1] Judges possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and officials in the executive or legislative branch.

[2] In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 18-101.3, prohibiting judges from using the prestige of office to advance their own or others' interests, Rule 18-102.10, governing public comment on pending and impending matters, and Rule 18-103.1(c), prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.

[3] In general, it would be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private individuals, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office.

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