May Judges Teach at CLEs Even If Lawyers Pay to Attend?

May a judge take the stage at a bar association conference if attendees have to pay to get in? According to the Maryland Judicial Ethics Committee’s opinion (2024-43), the answer is yes—as long as the judge plays by the rules. See Maryland Judicial Ethics Committee, Opinion No. 2024-43 (Jan. 10, 2025). While judges must always safeguard their independence, integrity, and impartiality, participating in a legal education event—even one with a price tag—is fair game. After all, bar associations exist to support the legal system, and judges are encouraged to engage in activities that promote legal education.

The Committee’s decision aligns with Maryland’s Code of Judicial Conduct, which expressly permits judges to participate in law-related organizations and events, provided their role does not create an appearance of impropriety or call their impartiality into question. While the presence of sponsorships or attendance fees might raise initial concerns, the Committee concluded that these factors do not fundamentally alter the ethical analysis, so long as the event remains open to all attorneys. The Committee also emphasized that judges must avoid making statements that could be seen as advisory or prejudicial, particularly regarding pending or impending cases. As long as judges maintain this balance, their participation in CLEs—whether free or paid—remains an important and ethical way to contribute to the legal community.

Please follow and like us: