| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0210* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 210 | |
| 11 | 8 | N2 3lr1906 | |
| 12 | - | | |
| 9 | + | ||
| 13 | 10 | By: Senator West | |
| 14 | 11 | Introduced and read first time: January 23, 2023 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 25, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Orphans’ Court Judges – Restriction on Practicing Law 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of altering a prohibition on certain judges of the orphans’ court acting as 3 | |
| 27 | 21 | attorneys to prohibit a judge of the orphans’ court from acting as an attorney in 4 | |
| 28 | 22 | certain matters related to the administration of an estate or a guardianship of a 5 | |
| 29 | 23 | minor; and generally relating to judges of the orphans’ court. 6 | |
| 30 | 24 | ||
| 31 | 25 | BY repealing and reenacting, without amendments, 7 | |
| 32 | 26 | Article – Estates and Trusts 8 | |
| 33 | 27 | Section 2–101 9 | |
| 34 | 28 | Annotated Code of Maryland 10 | |
| 35 | 29 | (2022 Replacement Volume and 2022 Supplement) 11 | |
| 36 | 30 | ||
| 37 | 31 | BY repealing and reenacting, with amendments, 12 | |
| 38 | 32 | Article – Estates and Trusts 13 | |
| 39 | 33 | Section 2–109 14 | |
| 40 | 34 | Annotated Code of Maryland 15 | |
| 41 | 35 | (2022 Replacement Volume and 2022 Supplement) 16 | |
| 42 | 36 | ||
| 43 | 37 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 44 | 38 | That the Laws of Maryland read as follows: 18 | |
| 45 | 39 | ||
| 46 | 40 | Article – Estates and Trusts 19 | |
| 47 | 41 | ||
| 48 | - | 2–101. 20 2 SENATE BILL 210 | |
| 42 | + | 2–101. 20 | |
| 43 | + | ||
| 44 | + | In the estates of decedents law, the word “court” means the orphans’ court in a 21 | |
| 45 | + | county, or the court exercising the jurisdiction of the orphans’ court in a county. 22 | |
| 46 | + | ||
| 47 | + | 2–109. 23 | |
| 48 | + | 2 SENATE BILL 210 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | + | [(a) Except as provided in subsection (b) of this section, a] A judge of the court may 1 | |
| 52 | + | not act as an attorney at law in a civil or criminal matter during a term of office IF THE 2 | |
| 53 | + | MATTER IS: 3 | |
| 51 | 54 | ||
| 52 | - | In the estates of decedents law, the word “court” means the orphans’ court in a 1 | |
| 53 | - | county, or the court exercising the jurisdiction of the orphans’ court in a county. 2 | |
| 55 | + | (1) WITHIN THE JURISDICTI ON OF THE COURT IN ANY COU NTY; AND 4 | |
| 54 | 56 | ||
| 55 | - | 2–109. 3 | |
| 57 | + | (2) RELATED TO THE ADMINI STRATION OF AN ESTATE OR A 5 | |
| 58 | + | GUARDIANSHIP OF A MI NOR. 6 | |
| 56 | 59 | ||
| 57 | - | [(a) Except as provided in subsection (b) of this section, a] A judge of the court may 4 | |
| 58 | - | not act as an attorney at law in a civil or criminal matter during a term of office IF THE 5 | |
| 59 | - | MATTER IS: 6 | |
| 60 | + | [(b) This section does not apply: 7 | |
| 60 | 61 | ||
| 61 | - | (1) (I) WITHIN THE JURISDICTI ON OF THE COURT IN A NY COUNTY 7 | |
| 62 | - | OR BALTIMORE CITY; AND 8 | |
| 62 | + | (1) In Harford County; 8 | |
| 63 | 63 | ||
| 64 | - | (2) (II) RELATED TO THE ADMINI STRATION OF AN ESTAT E OR A 9 | |
| 65 | - | GUARDIANSHIP OF A MI NOR; OR 10 | |
| 64 | + | (2) In Montgomery County; 9 | |
| 66 | 65 | ||
| 67 | - | (2) RELATED TO THE PREPAR ATION OF AN ESTATE P LAN OR ESTATE 11 | |
| 68 | - | PLANNING DOCUMENTS T HAT MIGHT COME WITHI N THE JURISDICTION O F THE 12 | |
| 69 | - | COURT IN ANY COUNTY OR BALTIMORE CITY FOLLOWING THE DE ATH OF ANY 13 | |
| 70 | - | INDIVIDUAL. 14 | |
| 66 | + | (3) In Baltimore City, to a judge of the Court while practicing law before 10 | |
| 67 | + | any court of the State except an orphans’ court; or 11 | |
| 71 | 68 | ||
| 72 | - | [(b) This section does not apply: 15 | |
| 69 | + | (4) In Prince George’s County, Baltimore County, Calvert County, and 12 | |
| 70 | + | Howard County, to a judge of the Court while practicing law in connection with a case that 13 | |
| 71 | + | is: 14 | |
| 73 | 72 | ||
| 74 | - | ( | |
| 73 | + | (i) Outside the jurisdiction of orphans’ court; and 15 | |
| 75 | 74 | ||
| 76 | - | ( | |
| 75 | + | (ii) Unrelated to the administration of an estate or guardianship.] 16 | |
| 77 | 76 | ||
| 78 | - | (3) In Baltimore City, to a judge of the Court while practicing law before 18 | |
| 79 | - | any court of the State except an orphans’ court; or 19 | |
| 80 | - | ||
| 81 | - | (4) In Prince George’s County, Baltimore County, Calvert County, and 20 | |
| 82 | - | Howard County, to a judge of the Court while practicing law in connection with a case that 21 | |
| 83 | - | is: 22 | |
| 84 | - | ||
| 85 | - | (i) Outside the jurisdiction of orphans’ court; and 23 | |
| 86 | - | ||
| 87 | - | (ii) Unrelated to the administration of an estate or guardianship.] 24 | |
| 88 | - | ||
| 89 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 | |
| 90 | - | October 1, 2023. 26 | |
| 91 | - | ||
| 77 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 78 | + | October 1, 2023. 18 |