Md. R. Jud. & Judi. Appts. 18-103.10
Cross reference: See Code, Estates and Trusts Article, § 2-109 for restrictions on the practice of law by a part-time judge of an orphans' court.
Section (c) of this Rule applies to a newly appointed or elected judge, other than a part-time judge of an orphans' court, who (A) is leaving a law practice in order to accept the judgeship and (B) is entitled by an agreement for the sale of the law practice or for the relinquishment of the judge's interest in the law practice to be compensated for the value of the judge's ownership interest in the law practice or for fees for services rendered by the judge prior to the judge's appointment or election but not yet collected.
If any compensation to which a judge may be entitled under subsection (c)(1) of this Rule is to be paid after the judge takes the oath of office, the judge, prior to taking the oath, shall enter into an agreement with all prospective payors that (A) subject to subsection (c)(3) of this Rule, requires all deferred payments to be made in a reasonably prompt manner and within five years, and (B) sets a fixed schedule for such payments to be made.
The agreement shall acknowledge that, upon a finding that due to legitimate and extenuating circumstances full payment cannot be completed within a five-year period without significant and unavoidable harm to a party to the agreement, the parties, with the written approval of the Chief Justice of the Supreme Court, may extend the time for full payment beyond five years for a reasonable period.
The judge shall file a copy of the fully executed agreement and any amendment to it approved under subsection (c)(3) of this Rule with the State Court Administrator. Cross reference: See Code, Courts Article, § 1-203.
Md. R. Jud. & Judi. Appts. 18-103.10
This Rule is derived in part from former Rule 3.10 of Rule 16-813(2016) and is in part new.
COMMENT
[1] A judge may act self-represented in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge's personal or family interests. See Rule 18-101.3.
[2] Section (a) and subsection (b)(1) of this Rule limit the practice of law in a representative capacity but not in a self-represented capacity. A judge may be self-represented in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with legislative and other governmental bodies. In such instances, however, a judge must not abuse the prestige of office for any reason, including advancement of an interest of the judge or the judge's family. See Rules 18-102.4(b) and 18-103.2(c).
[3] This Rule allows a judge to give legal advice to, and draft legal documents for, a member of the judge's family. Except for a part-time Orphans' Court judge allowed to practice law, however, a judge must not receive any compensation from, or act as an advocate or negotiator for, a member of the judge's family in a legal matter.
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