Rule 18-203.8 - Appointments to Fiduciary Positions(a) Except as provided in section (b) of this Rule, a judicial appointee may hold a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative.(b) A judicial appointee shall not hold a fiduciary position if: (1) doing so would interfere with the proper performance of the judicial appointee's official duties; or(2) the fiduciary will likely be engaged in proceedings that would ordinarily come before the judicial appointee, or if the estate, trust, or ward becomes involved in adversary proceedings in the appointing court.(c) A judicial appointee acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judicial appointee personally.(d) If an individual who is serving in a fiduciary position becomes a judicial appointee, the individual must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judicial appointee.Md. R. Jud. & Judi. Appts. 18-203.8
This Rule is derived from former Rule 3.8 of Rule 16-814(2016).
Adopted June 6, 2016, eff. 7/1/2016; amended March 1, 2024, eff. 7/1/2024.COMMENT
[1] A judicial appointee should recognize that other restrictions imposed by this Code may conflict with the judicial appointee's obligations as a fiduciary; in such circumstances, a judicial appointee should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judicial appointee under Rule 18-202.11 because a judicial appointee is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis.
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