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Session Laws, 1973, Special Session
Volume 710, Page 14   View pdf image
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14                                       LAWS OF MARYLAND                            [Ch. 2

Judicial Ethics, also generally     prohibits

the practice of law by judges;   see Canon

XXX and Rule 5 of the Pules of     Judicial
Ethics.

Subsection (b) is new language. It is
added in an attempt to meet the problem of
the judge who goes on the bench leaving
behind him a share of law firm profits he
has earned through his professional
services prior to becoming a judge. The
Commission thought the subsection (a)
prohibition against direct or indirect
profit from practice might preclude receipt
of money representing the judge's share of
previously earned income. It further
thought that this was ineguitable. The
Canons do not appear to bar receipt of such
moneys. By virtue of Rule 7, Rules of
Judicial Ethics (embodied in Md. Rule 1231)
a judge must report such compensation
annually to the Secretary of the Maryland
Judicial Conference. The reports are
subject to the scrutiny of the Commission
on Judicial Disabilities and the Judicial
Ethics Committee.

Subsection (c) was added by the General
Assembly on the theory that a judge
receiving payments from his former firm or
successor in practice has at least an
indirect financial interest in the economic
status of the firm or successor; compare
Rule 2 of the Rules of Judicial Ethics,
which prohibits a judge from participating
in "any matter in which he has a
significant interest....".

Nothing in §1—203 affects provisions like
Art. 16, §199A, limiting a judges right to
serve as trustee; Art. 93, § 5-104,
limiting his right to serve as personal
representative; or Canons XXIV, XXV, and
XXVI, and Rule 6, dealing with judicial
participation in various business
enterprises.

SEC. 1-204. LEGAL RESIDENCE OF JUDGE NOT ABANDONED BY
RESIDENCE IN ANNE ARUNDEL COUNTY.

A JUDGE OF THE COURT OF APPEALS OR THE COURT OF

 

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Session Laws, 1973, Special Session
Volume 710, Page 14   View pdf image
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