Md. R. Jud. & Judi. Appts. 18-203.1

As amended through October 15, 2024

Rule 18-203.1 - Extra-Official Activities in General

Except as prohibited by law or this Code, a judicial appointee may engage in extra-official activities. When engaging in extra-official activities, a judicial appointee shall not:

(a) participate in activities that will interfere with the proper performance of the judicial appointee's official duties;

(b) participate in activities that will lead to frequent disqualification of the judicial appointee;

(c) participate in activities that would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality;

(d) engage in conduct that would appear to a reasonable person to be coercive; or

(e) make inappropriate use of court premises, staff, stationery, equipment, or other resources.

Md. R. Jud. & Judi. Appts. 18-203.1

This Rule is derived from former Rule 3.1 of Rule 16-814(2016).

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

COMMENT

[1] To the extent that time permits, and independence and impartiality are not compromised, judicial appointees are encouraged to engage in appropriate extra-official activities. Judicial appointees are uniquely qualified to engage in extra-official activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. In addition, judicial appointees are permitted and encouraged to engage in educational, religious, charitable, fraternal, or civic extra-official activities not conducted for profit, even when the activities do not involve the law. See Rule 18-203.7.

[2] Participation in both law-related and other extra-official activities helps integrate judicial appointees into their communities and furthers public understanding of and respect for courts and the judicial system.

[3] Discriminatory actions and expressions of bias or prejudice by a judicial appointee, even outside the judicial appointee's official actions, are likely to appear to a reasonable person to call into question the judicial appointee's integrity and impartiality. Examples include jokes or other remarks that demean individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status. For the same reason, a judicial appointee's extra-official activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination. See Rule 18-203.6.

[4] While engaged in permitted extra-official activities, judicial appointees must not coerce others or take action that would reasonably be perceived as coercive. For example, depending upon the circumstances, a judicial appointee's solicitation of contributions or memberships for an organization, even as permitted by Rule 18-203.7(a), might create the risk that the person solicited would feel obligated to respond favorably, or would do so to curry favor with the judicial appointee.

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