Md. R. Jud. & Judi. Appts. 18-203.14

As amended through October 15, 2024

Rule 18-203.14 - Reimbursement of Expenses and Waivers of Fees or Charges

(a) Unless otherwise prohibited by Rule 18-203.1, Rule 18-203.13(a), or other law, a judicial appointee may accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or other incidental expenses, or a waiver or partial waiver of fees or charges for registration, tuition, and similar items, from sources other than the judicial appointee's employing entity, if the expenses or charges are associated with the judicial appointee's participation in extra-official activities permitted by this Code.

(b) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the judicial appointee and, when appropriate to the occasion, by the judicial appointee's spouse, domestic partner, or guest.

This Rule is derived from former Rule 3.14 of Rule 16-814(2016).

Adopted June 6, 2016, eff. 7/1/2016; amended March 1, 2024, eff. 7/1/2024.

COMMENT

[1] Educational, civic, religious, fraternal, and charitable organizations often sponsor meetings, seminars, symposia, dinners, awards ceremonies, and similar events. Judicial appointees are encouraged to attend educational programs, as both teachers and participants, in law-related and academic disciplines, in furtherance of their duty to remain competent in the law. Participation in a variety of other extra-official activities is also permitted and encouraged by this Code.

[2] Not infrequently, sponsoring organizations invite certain judicial appointees to attend seminars or other events on a fee-waived or partial fee-waived basis, and sometimes include reimbursement for necessary travel, food, lodging, or other incidental expenses. A judicial appointee's decision whether to accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection with these or other extra-official activities must be based upon an assessment of all the circumstances. The judicial appointee must undertake a reasonable inquiry to obtain the information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this Code.

[3] A judicial appointee must ensure that acceptance of reimbursement or fee waivers would not appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality. The factors that a judicial appointee should consider when deciding whether to accept reimbursement or a fee waiver for attendance at a particular activity include:

(a) whether the sponsor is an accredited educational institution or bar association rather than a trade association or a for-profit entity;

(b) whether the funding comes largely from numerous contributors rather than from a single entity and is earmarked for programs with specific content;

(c) whether the content is related or unrelated to the subject matter of litigation pending or impending before the judicial appointee, or to matters that are likely to come before the judicial appointee;

(d) whether the activity is primarily educational rather than recreational, and whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups;

(e) whether information concerning the activity and its funding sources is available upon inquiry;

(f) whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear in the judicial appointee's court, thus possibly requiring disqualification of the judicial appointee under Rule 18-202.11;

(g) whether differing viewpoints are presented; and

(h) whether a broad range of judicial and non-judicial participants are invited, whether a large number of participants are invited, and whether the program is designed specifically for judges or judicial appointees.