Md. R. Jud. & Judi. Appts. 18-203.13

As amended through October 15, 2024

Rule 18-203.13 - Acceptance of Gifts, Loans, Bequests, Benefits, or Other Things of Value

(a) A judicial appointee shall not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by law or would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality.

(b) Unless otherwise prohibited by law, or by section (a) of this Rule, a judicial appointee may accept the following:

(1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards;

(2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other persons, including attorneys, whose appearance or interest in a proceeding pending or impending before the judicial appointee would in any event require disqualification of the judicial appointee under Rule 18-202.11;

(3) ordinary social hospitality;

(4) commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judicial appointees;

(5) rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judicial appointees;

(6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated individuals who are not judicial appointees, based upon the same terms and criteria;

(7) books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use; or

(8) gifts, awards, or benefits associated with the business, profession, or other separate activity of a spouse, a domestic partner, or other family member of a judicial appointee residing in the judicial appointee's household, but that incidentally benefit the judicial appointee.

(9) gifts incident to a public testimonial;

(10) invitations to the judicial appointee and the judicial appointee's spouse, domestic partner, or guest to attend without charge:

(A) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or

(B) an event associated with any of the judicial appointee's educational, religious, charitable, fraternal or civic activities permitted by this Code, if the same invitation is offered to persons who are not judicial appointees who are engaged in similar ways in the activity as is the judicial appointee.

Md. R. Jud. & Judi. Appts. 18-203.13

This Rule is derived from former Rule 3.13 of Rule 16-814(2016).

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

COMMENT

[1] Whenever a judicial appointee accepts a gift or other thing of value without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the judicial appointee's decision in a case. Rule 18-203.13 imposes restrictions upon the acceptance of such benefits, according to the magnitude of the risk. Section (b) of this Rule identifies circumstances in which the risk that the acceptance would appear to undermine the judicial appointee's independence, integrity, or impartiality is low. As the value of the benefit or the likelihood that the source of the benefit will appear before the judicial appointee increases, the judicial appointee is prohibited under section (a) of this Rule from accepting the gift.

[2] Gift-giving between friends and relatives is a common occurrence, and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judicial appointee's independence, integrity, or impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the judicial appointee's disqualification under Rule 18-202.11, there would be no opportunity for a gift to influence the judicial appointee's decision-making. Subsection (b)(2) of this Rule places no restrictions upon the ability of a judicial appointee to accept gifts or other things of value from friends or relatives under these circumstances.

[3] Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers, based upon longevity of the relationship, volume of business transacted, and other factors. A judicial appointee may freely accept such benefits if they are available to the general public, or if the judicial appointee qualifies for the special price or discount according to the same criteria as are applied to persons who are not judicial appointees. As an example, loans provided at generally prevailing interest rates are not gifts, but a judicial appointee could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judicial appointee also possesses.

[4] Rule 18-203.13 applies only to acceptance of gifts or other things of value by a judicial appointee. Nonetheless, if a gift or other benefit is given to the judicial appointee's spouse, domestic partner, or member of the judicial appointee's family residing in the judicial appointee's household, it may be viewed as an attempt to evade Rule 18-203.13 and influence the judicial appointee indirectly. Where the gift or benefit is being made primarily to such other persons, and the judicial appointee is merely an incidental beneficiary, this concern is reduced. A judicial appointee should, however, remind family and household members of the restrictions imposed upon judicial appointees and urge them to take these restrictions into account when making decisions about accepting such gifts or benefits.

[5] Rule 18-203.13 does not apply to contributions to a judicial appointee's campaign for judicial office.

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