On Friday, January 10, 2025, the Maryland Judicial Ethics Committee published an opinion regarding the participation of judges as speakers at bar association events where attendees are charged a fee. The opinion, designated as Request Number 2024-43, addressed a query from a judge seeking clarification on the ethical implications of serving as a lecturer at a local bar association conference.
The judge inquired whether they could speak at a one-day conference organized by a local bar association, where all sessions would be led by judges and attendees would incur a registration fee. The request references a similar event, the Maryland State Bar Association’s Annual Legal Summit, where judges conduct various continuing legal education seminars, and participants typically pay to attend.
In its response, the committee confirmed that judges may indeed participate as speakers at such conferences. The opinion clarified that the nature of the event—specifically, whether attendees pay to participate or sponsors cover costs—does not affect a judge’s ability to engage in this type of extrajudicial activity, provided the event remains open to all attorneys regardless of their practice area.
The committee’s guidance draws upon several provisions from the Maryland Code of Judicial Conduct, which outlines the ethical standards governing judicial behavior. Notably, Rule 18-101.2 emphasizes the importance of promoting public confidence in the judiciary’s independence, integrity, and impartiality. It also instructs judges to avoid any conduct that could create a perception of impropriety.
Additionally, Rule 18-103.1 permits judges to engage in extrajudicial activities as long as these do not interfere with their judicial responsibilities or compromise their impartiality. The committee noted that judges are encouraged to participate in activities that promote understanding of the law and the judicial system, including speaking engagements at organizations focused on legal matters.
The opinion also referenced previous decisions made by the committee regarding similar situations. For instance, in Opinion 2010-01, the committee concluded that a judge could teach a course for Maryland State Police recruits without conflicting with the Code. Similarly, in Opinion 2008-18, it was determined that a judge could speak at a gathering of attorneys discussing ethical issues and legal malpractice, even when the event was co-hosted by a law firm and sponsored by an insurance company.
In its current opinion, the committee reiterated that participation in bar association activities is permissible as these organizations are concerned with the law and the administration of justice. The committee emphasized that as long as a judge’s participation in such events does not undermine their independence or integrity, they are free to engage in these educational opportunities.
The committee also reminded the requesting judge of their responsibilities under the Code of Judicial Conduct. It cautioned that while participation in the conference is allowed, the judge must avoid making any statements that could call into question their impartiality or independence. This includes refraining from commenting on any pending or impending cases.
The Maryland Judicial Ethics Committee’s ruling is applicable only to the specific circumstances described in the request and must be adhered to prospectively. The committee warned that any omission or misrepresentation of relevant facts in the opinion request could invalidate the reliance on this opinion. Furthermore, changes in the law or developments in judicial ethics could affect the conclusions drawn in this opinion, necessitating the submission of updated requests for guidance if circumstances evolve.
