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RULE 18-203.10. PRACTICE OF LAW

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023 to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 200. Maryland Code of Conduct for Judicial Appointees
Rules Governing Extra-Official Activity [Rules 18-203.1 to 18-203.15]
Effective: July 1, 2023 to June 30, 2024
MD Rules Judges, Rule 18-203.10
RULE 18-203.10. PRACTICE OF LAW
<Text of Rule 18-203.10 effective until June 30, 2024. See, also, Rule 18-203.10 effective July 1, 2024.>
(a) In General. Except as expressly allowed by this Rule, a judicial appointee shall not practice law.
(b) Exceptions.
(1) A judicial appointee may act self-represented in a matter involving the judicial appointee or the judicial appointee's interest and, if without compensation, may give legal advice to and draft or review documents for a member of the judicial appointee's family.
(2) To the extent not expressly prohibited by law or by the appointing authority and subject to other applicable provisions of this Code, a part-time judicial appointee who is an attorney may practice law, provided that:
(A) the judicial appointee shall not use his or her position to further the judicial appointee's success in the practice of law; and
(B) the judicial appointee shall not practice or appear in the appointing court, as an individual in a matter involving the judicial appointee or the judicial appointee's interest.
(c) Agreement Relating to Former Law Practice.
(1) Application. Section (c) of this Rule applies to a newly appointed full-time judicial appointee, who (A) is leaving a law practice in order to accept the appointment and (B) is entitled by an agreement for the sale of the law practice or for the relinquishment of the judicial appointee's interest in the law practice to be compensated for the value of the ownership interest in the law practice or for fees for services rendered by the judicial appointee prior to the judicial appointee's appointment but not yet collected.
(2) Required Agreement Regarding Deferred Payments. If any compensation to which a judicial appointee may be entitled under subsection (c)(1) of this Rule is to be paid after the judicial appointee takes the oath of office or assumes official duties, the judicial appointee, before the earlier of taking the oath or assuming official duties, 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.
(3) Alteration of Schedule. 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.
(4) Filing Copy of Agreement. The judicial appointee 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.
Committee note: Section (c) of this Rule does not appear in Rule 18-103.10, dealing with judges. A 2005 Administrative Order of the Chief Judge of the Court of Appeals contains a comparable provision pertaining to judges.
COMMENT
[1] A judicial appointee may act self-represented in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judicial appointee must not use the prestige of office to advance the judicial appointee's personal or family interests. See Rule 18-201.3.
Source: This Rule is derived in part from former Rule 3.10 of Rule 16-814 (2016) and is in part new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended April 1, 2023, eff. July 1, 2023.]
MD Judges, Rule 18-203.10, MD R JUDGES Rule 18-203.10
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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