EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1240*
HOUSE BILL 1240
N2 3lr3083
CF SB 210
By: Delegate Buckel
Introduced and read first time: February 15, 2023
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Orphans’ Court Judges – Restriction on Practicing Law 2
FOR the purpose of altering a prohibition on certain judges of the orphans’ court acting as 3
attorneys to prohibit a judge of the orphans’ court from acting as an attorney in 4
certain matters related to the administration of an estate or a guardianship of a 5
minor; and generally relating to judges of the orphans’ court. 6
BY repealing and reenacting, without amendments, 7
Article – Estates and Trusts 8
Section 2–101 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Estates and Trusts 13
Section 2–109 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Estates and Trusts 19
2–101. 20
In the estates of decedents law, the word “court” means the orphans’ court in a 21
county, or the court exercising the jurisdiction of the orphans’ court in a county. 22
2–109. 23
2 HOUSE BILL 1240
[(a) Except as provided in subsection (b) of this section, a] A judge of the court may 1
not act as an attorney at law in a civil or criminal matter during a term of office IF THE 2
MATTER IS: 3
(1) WITHIN THE JURISDICTION OF THE COURT IN ANY COUNTY ; AND 4
(2) RELATED TO THE ADMINI STRATION OF AN ESTAT E OR A 5
GUARDIANSHIP OF A MI NOR. 6
[(b) This section does not apply: 7
(1) In Harford County; 8
(2) In Montgomery County; 9
(3) In Baltimore City, to a judge of the Court while practicing law before 10
any court of the State except an orphans’ court; or 11
(4) In Prince George’s County, Baltimore County, Calvert County, and 12
Howard County, to a judge of the Court while practicing law in connection with a case that 13
is: 14
(i) Outside the jurisdiction of orphans’ court; and 15
(ii) Unrelated to the administration of an estate or guardianship.] 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18