EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0210*
SENATE BILL 210
N2 3lr1906
CF HB 1240
By: Senator West
Introduced and read first time: January 23, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2023
CHAPTER ______
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 2 SENATE BILL 210
In the estates of decedents law, the word “court” means the orphans’ court in a 1
county, or the court exercising the jurisdiction of the orphans’ court in a county. 2
2–109. 3
[(a) Except as provided in subsection (b) of this section, a] A judge of the court may 4
not act as an attorney at law in a civil or criminal matter during a term of office IF THE 5
MATTER IS: 6
(1) (I) WITHIN THE JURISDICTI ON OF THE COURT IN A NY COUNTY 7
OR BALTIMORE CITY; AND 8
(2) (II) RELATED TO THE ADMINI STRATION OF AN ESTAT E OR A 9
GUARDIANSHIP OF A MI NOR; OR 10
(2) RELATED TO THE PREPAR ATION OF AN ESTATE P LAN OR ESTATE 11
PLANNING DOCUMENTS T HAT MIGHT COME WITHI N THE JURISDICTION O F THE 12
COURT IN ANY COUNTY OR BALTIMORE CITY FOLLOWING THE DE ATH OF ANY 13
INDIVIDUAL. 14
[(b) This section does not apply: 15
(1) In Harford County; 16
(2) In Montgomery County; 17
(3) In Baltimore City, to a judge of the Court while practicing law before 18
any court of the State except an orphans’ court; or 19
(4) In Prince George’s County, Baltimore County, Calvert County, and 20
Howard County, to a judge of the Court while practicing law in connection with a case that 21
is: 22
(i) Outside the jurisdiction of orphans’ court; and 23
(ii) Unrelated to the administration of an estate or guardianship.] 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2023. 26