Md. R. Jud. & Judi. Appts. 18-203.2

As amended through October 15, 2024

Rule 18-203.2 - Appearances Before Governmental Bodies and Consultation with Government Officials

A judicial appointee shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except:

(a) in connection with matters concerning the law, the legal system, or the administration of justice;

(b) in connection with matters about which the judicial appointee acquired knowledge or expertise in the course of the judicial appointee's official duties;

(c) when the judicial appointee is acting self-represented in a matter involving the judicial appointee's legal or economic interests, or when the judicial appointee is acting in a fiduciary capacity; or

(d) as permitted by Rule 18-203.10.

Md. R. Jud. & Judi. Appts. 18-203.2

This Rule is derived from former Rule 3.2 of Rule 16-814(2016).

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

COMMENT

[1] Judicial appointees possess special expertise in matters of law, the legal system, and the administration of justice, and may properly share that expertise with governmental bodies and officials in the executive or legislative branch.

[2] In appearing before governmental bodies or consulting with government officials, judicial appointees must be mindful that they remain subject to other provisions of this Code, such as Rule 18-201.3, prohibiting them from using the prestige of office to advance their own or others' interests, Rule 18-202.10, governing public comment on pending and impending matters, and Rule 18-203.1(c), prohibiting judicial appointees from engaging in extra-official activities that would appear to a reasonable person to undermine the judicial appointee's independence, integrity, or impartiality.

[3] In general, it would be an unnecessary and unfair burden to prohibit judicial appointees from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judicial appointees must not refer to their official positions, and must otherwise exercise caution to avoid using the prestige of their position.