Rule 18-203.11 - Financial, Business, or Remunerative Activities(a) A judicial appointee may hold and manage investments of the judicial appointee and members of the judicial appointee's family.(b) Except as permitted by Rule 18-203.7, a full-time judicial appointee shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that (1) a judicial appointee may manage or participate in: (A) a business closely held by the judicial appointee or members of the judicial appointee's family; or(B) a business entity primarily engaged in investment of the financial resources of the judicial appointee or members of the judicial appointee's family; and(2) a District Court Commissioner may serve as a part-time employee of a business entity if (A) upon full and accurate disclosure by the Commissioner of the nature of the employment, including the time expected to be devoted to it and the expected compensation to be received, the employment is approved by the Chief Judge of the District Court; and (B) the employment is not in conflict with section (c) of this Rule. Approval of part-time employment pursuant to this subject may be revoked by the Chief Judge at any time for good cause.(c) A judicial appointee 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 the judicial appointee's official duties;(2) lead to frequent disqualification of the judicial appointee;(3) involve the judicial appointee in frequent transactions or continuing business relationships with attorneys or other persons likely to come before the appointing court; or(4) result in violation of other provisions of this Code.Md. R. Jud. & Judi. Appts. 18-203.11
This Rule is derived from former Rule 3.11 of Rule 16-814(2016).
Adopted June 6, 2016, eff. 7/1/2016; amended June 29, 2020, eff. 8/1/2020; amended March 1, 2024, eff. 7/1/2024.COMMENT
[1] Judicial appointees 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 extra-official activities, is subject to the requirements of this Code. For example, it would be improper for a judicial appointee to spend so much time on business activities that it interferes with the performance of the judicial appointee's official duties. See Rule 18-202.1. Similarly, it would be improper for a judicial appointee to use the judicial appointee's official title or conduct the judicial appointee's business or financial affairs in such a way that disqualification is frequently required. See Rules 18-201.3 and 18-202.11.
[2] As soon as practicable without serious financial detriment, the judicial appointee must divest from investments and other financial interests that might require frequent disqualification or otherwise violate this Rule.