Md. R. Jud. & Judi. Appts. 18-401

As amended through November 13, 2024

Rule 18-401 - Preamble; Function of this Chapter

(a)Code of Judicial Conduct. The Code of Judicial Conduct, set forth in Chapter 100 of this Title, directs that judges maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives. The purpose of the Code is to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct.

The Code makes clear that, although it is binding and enforceable, not every transgression will result in the imposition of discipline, that the imposition of discipline should be determined through a reasonable and reasoned application of the Rules and depend upon such factors as the seriousness of the transgression, the facts and circumstances at the time, any pattern of improper activity, whether there have been previous violations, and the effect of the misconduct on the judicial system and others.

Cross reference: See Rule 18-100.4.

(b) Function of This Chapter.

(1) The Commission on Judicial Disabilities was created by the Maryland Constitution to maintain public confidence in the integrity, independence, and impartiality of judges and the judicial system by:

(A) enforcing standards of judicial conduct;

(B) assisting the Judiciary in maintaining the necessary balance between independence and accountability;

(C) assuring the public that the Judiciary does not condone misconduct by judges;

(D) creating a greater public awareness of what constitutes proper and improper judicial conduct;

(E) providing a forum for receiving and investigating citizen complaints against judges;

(F) determining whether a judge has committed sanctionable conduct or is disabled or impaired and, if so, imposing or recommending an appropriate remedy;

(G) assisting judges who have committed minor and perhaps unintended violations to appreciate that fact so as to avoid a repetition of it; and

(H) protecting judges from false, unfounded, and inaccurate accusations that can damage their reputations.

(2) In carrying out their respective functions under this Chapter, Investigative Counsel, the Board, and the Commission should keep in mind each of these purposes and principles, as should all judges.

Md. R. Jud. & Judi. Appts. 18-401

This Rule is new.

Adopted May 15, 2019, eff. 7/1/2019.