MARVIN MANDEL, Governor 13
PRIOR TO QUALIFICATION FOR JUDICIAL OFFICE, A
JUDGE MAY AGREE WITH HIS FORMER LAW FIRM, OR HIS
SUCCESSOR IN PRACTICE, THAT THE JUDGE MAY RECEIVE OVER
A REASONABLE PERIOD OF TIME ONE OR MORE PAYMENTS
REPRESENTING THE REASONABLE LIQUIDATED VALUE OF HIS
INTEREST IN HIS FORMES PRACTICE AS OF THE DATE OF THE
TERMINATION OF PRACTICE. THE AGREEMENT SHALL BE IN
WRITING AND A COPY SHALL BE FILED WITH THE SECRETARY
OF THE MARYLAND JUDICIAL CONFERENCE. IN DETERMINING
REASONABLE LIQUIDATED VALUE, THE JUDGE'S INTEREST IN
CONTINGENT FEES WITH RESPECT TO MATTERS THEN PENDING
IN HIS LAW OFFICE MAY BE TAKEN INTO ACCOUNT.
(c) JUDGE NOT TO HEAR CASE INVOLVING FORMER
PARTNER. WHILE HE IS RECEIVING PAYMENTS UNDER THIS
SECTION, A JUDGE MAY NOT HEAR A CASE IN WHICH A
PARTNER OR EMPLOYEE OF HIS FORMER FIRM OR SUCCESSOR IN
INTEREST IS AN ATTORNEY OF RECORD.
REVISOR'S NOTE: The Commission originally
intended to set forth the substance of
subsections (a) and (b) of Art. 26, §144 in
subtitle 6, dealing with the District
Court, transferring the compensation and
reimbursement provisions to subtitle 7.
Those provisions do indeed appear in
subtitle 7.
However, upon further consideration, the
Commission concluded that it was
unnecessary to set forth provisions
pertaining to qualifications of judges.
These appear in Art. IV, §§2, 14, 24, 41C,
and 41D of the Constitution, and do not
require statutory supplementation.
The Commission also decided that the
provisions of Art. 26, §144(b), prohibiting
the practice of law by District Court
judges, should be applied to every judge as
defined in §1—101(d). This prohibition,
while applied expressly to District Court
judges, is commonly understood to apply to
all judges, as defined; compare Articles
33 and 35, Declaration of Rights. Art. 10,
§29 provides that a judge may not "act as
attorney or solicitor in any court of law
or equity in this State" while he occupies
judicial office. As to judges of orphans'
courts, see Art. 93, §2-109 and Art. 10,
§30. Md. Rule 1231, adopting the Canons of
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