Rule 18-103.8 - Appointments to Fiduciary Positions (Aba 3.8)(a) A judge shall not accept appointment to serve in a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative, except for an estate or trust for a member of the judge's family or an individual who is a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties.(b) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.(c) A judge acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally.(d) If an individual who is serving in a fiduciary position becomes a judge, the individual must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judge.(e) Section (a) of this Rule does not apply to senior judges.Md. R. Jud. & Judi. Appts. 18-103.8
This Rule is derived from former Rule 3.8 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] A judge should recognize that other restrictions imposed by this Code may conflict with a judge's obligations as a fiduciary; in such circumstances, a judge should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judge under Rule 18-102.11 because a judge is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis.