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RULE 18-203.8. APPOINTMENTS TO FIDUCIARY POSITIONS

West's Annotated Code of MarylandMaryland RulesEffective: [See Text Amendments] 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: [See Text Amendments] to June 30, 2024
MD Rules Judges, Rule 18-203.8
RULE 18-203.8. APPOINTMENTS TO FIDUCIARY POSITIONS
Currentness
<Text of Rule 18-203.8 effective until June 30, 2024. See, also, Rule 18-203.8 effective July 1, 2024.>
(a) Except as provided in section (b) of this Rule, a judicial appointee may hold a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative.
(b) A judicial appointee shall not hold a fiduciary position if:
(1) doing so would interfere with the proper performance of the judicial appointee's official duties; or
(2) the fiduciary will likely be engaged in proceedings that would ordinarily come before the judicial appointee, or if the estate, trust, or ward becomes involved in adversary proceedings in the appointing court.
(c) A judicial appointee acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judicial appointee personally.
(d) If an individual who is serving in a fiduciary position becomes a judicial appointee, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judicial appointee.
COMMENT
[1] A judicial appointee should recognize that other restrictions imposed by this Code may conflict with the judicial appointee's obligations as a fiduciary; in such circumstances, a judicial appointee should resign as fiduciary. For example, serving as a fiduciary might require frequent disqualification of a judicial appointee under Rule 18-202.11 because a judicial appointee is deemed to have an economic interest in shares of stock held by a trust if the amount of stock held is more than de minimis.
Source: This Rule is derived from former Rule 3.8 of Rule 16-814 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD Judges, Rule 18-203.8, MD R JUDGES Rule 18-203.8
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document