Md. R. Jud. & Judi. Appts. 18-104.5

As amended through April 5, 2024
Rule 18-104.5 - Political Conduct of District Court Candidate for Retention (Aba 4.5)

A District Court candidate for retention:

(a) may contact and communicate with the Governor and members of the State Senate regarding the candidate's reconfirmation;
(b) may seek, accept, and use endorsements from any person;
(c) shall act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary and maintain the dignity appropriate to judicial office;
(d) subject to section (c) of this Rule, may respond to a personal attack or an attack on the candidate's record;
(e) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; and
(f) shall not knowingly or with reckless disregard for the truth misrepresent the candidate's identity or qualifications or any other fact.

Md. R. Jud. & Judi. Appts. 18-104.5

This Rule is derived from former Rule 4.5 of Rule 16-813(2016).

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

COMMENT

[1] Because a District Court candidate for retention does not face an election, the political activity allowed is much more limited. It is reasonable to permit the judge to contact the Governor, who must transmit the judge's name to the Senate, and members of the Senate, regarding the judge's reconfirmation, and to seek endorsements that may be helpful to the judge in that regard. The constraints in sections (c) through (f) of this Rule, which are taken from Rule 18-104.4, are applicable as well to even this political activity.