Rule 19-308.2 - Judicial and Legal Officials (8.2)(a) An attorney shall not make a statement that the attorney knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.(b) Rule 18-104.1(c)(2)(D) (4.1) of the Maryland Code of Judicial Conduct, set forth in Title 18, Chapter 100, provides that an attorney becomes a candidate for a judicial office when the attorney files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for that office. A candidate for a judicial office: (1) shall maintain the dignity appropriate to the office and act in a manner consistent with the impartiality, independence and integrity of the judiciary;(2) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office; Committee note: Rule 19-308.2(b)(2) (8.2) does not prohibit a candidate from making a commitment, pledge, or promise respecting improvements in court administration or the faithful and impartial performance of the duties of the office.
(3) shall not knowingly misrepresent the candidate's identity or qualifications, the identity or qualifications of an opponent, or any other fact;(4) shall not allow any other person to do for the candidate what the candidate is prohibited from doing; and(5) may respond to a personal attack or an attack on the candidate's record as long as the response does not otherwise violate this Rule. Adopted June 6, 2016, eff. 7/1/2016; amended March 1, 2024, eff. 7/1/2024.COMMENT
[1] Assessments by attorneys are relied on in evaluating the professional or personal fitness of individuals being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by an attorney can unfairly undermine public confidence in the administration of justice.
[2] To maintain the fair and independent administration of justice, attorneys are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.
Model Rules Comparison: Rule 19-308.2 (8.2) revises prior Maryland language without adopting Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct.