Md. R. Jud. & Judi. Appts. 18-201.3

As amended through April 5, 2024
Rule 18-201.3 - [Effective 7/1/2024] Avoiding Lending the Prestige of the Position

A judicial appointee shall not lend the prestige of the judicial appointee's position to advance the personal or economic interests of the judicial appointee or others, or allow others to do so.

Md. R. Jud. & Judi. Appts. 18-201.3

This Rule is derived from former Rule 1.3 of Rule 16-814(2016).

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

COMMENT

[1] It is improper for a judicial appointee to use or attempt to use the judicial appointee's position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judicial appointee to allude to the judicial appointee's official status to gain favorable treatment in encounters with traffic officials. Similarly, a judicial appointee must not use an official letterhead to gain an advantage in conducting the judicial appointee's personal business.

[2] A judicial appointee may provide a reference or recommendation for an individual based upon the judicial appointee's personal knowledge. The judicial appointee may use an official letterhead if the judicial appointee indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial appointee's position.

[3] Judicial appointees may participate in the process of judicial selection by cooperating with appointing authorities and screening committees and by responding to inquiries from such entities concerning the professional qualifications of an individual being considered for judicial office.

[4] Special considerations arise when judicial appointees write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judicial appointee should not permit anyone associated with the publication of such materials to exploit the judicial appointee's position in a manner that violates this Rule or other applicable law. In contracts for publication of a judicial appointee's writing, the judicial appointee should retain sufficient control over the advertising to avoid such exploitation.

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See Rule 18-204.3.