Judge Marc Knapp
Anne Arundel County Orphans Court Judge, Mark Knapp
Credit – Maryland State Archives

ANNAPOLIS, Md. – An Anne Arundel County Orphans’ Court judge now stands accused of illegally recording confidential deliberations inside chambers, according to an indictment unsealed on December 13, 2024, in the Circuit Court for Anne Arundel County. Judge Marc Knapp, elected to the Orphans’ Court just two years ago, faces counts of unlawful interception of oral communication and misconduct in office following allegations that he recorded two colleagues during a private judicial conference last June without their knowledge or consent.

The Orphans’ Court oversees probate matters, including disputes regarding wills, estates, and guardianships. According to the grand jury indictment, Judge Knapp—together with two fellow judges identified in court documents as “Judge A” and “Judge B”—met behind closed doors on June 4, 2024, to deliberate on a case. During this closed-door discussion, which judges often treat with the same confidentiality as other trial-level courts, Judge Knapp allegedly pressed “record” on an electronic device. Prosecutors say the other two judges only learned of the recording long after the fact, sparking an investigation that led to the indictment.

Maryland’s Office of the State Prosecutor, in conjunction with the Anne Arundel County State’s Attorney’s Office, presented evidence that Judge Knapp willfully captured audio of the deliberations, violating Maryland’s wiretap statute (§10-402(a)(1) of the Courts and Judicial Proceedings Article) and contravening ethical rules that demand judges maintain integrity and protect judicial confidentiality. The indictment cites the alleged surreptitious recording as a breach of the public trust, suggesting that Knapp knowingly acted “in his official capacity” to capture private communications for undisclosed reasons. The misconduct in office charge, a common-law offense in Maryland, carries potential penalties that can include removal from office, fines, or a jail sentence, though precise sentencing under “misconduct in office” can vary widely in the state’s court system.

In the wake of these allegations, Judge Knapp has continued to occupy his seat at the Orphans’ Court, which normally convenes twice a week to preside over probate disputes and account approvals. Several local news outlets, including The Baltimore Banner and WMAR-2 News, report that Knapp’s attorney has signaled an intent to fight the charges vigorously, denying that any illegal activity took place and maintaining his client’s innocence. Court officials in Annapolis have not suspended him from the bench, though internal judicial ethics procedures may activate depending on further developments in the case.

Anne Arundel County residents first elected Knapp in November 2022, along with Judges A and B, to serve four-year terms. Colleagues within the courthouse community, who spoke on condition of anonymity, expressed surprise at the indictment, citing the unusual nature of charging a sitting judge with an offense as serious as unlawful wiretapping. At least one other Orphans’ Court judge in Maryland, speaking to The Daily Record, called the charges “deeply unsettling,” pointing out that the Orphans’ Court’s collaborative process hinges on frank and confidential discussions among all three judges.

It is unclear how soon the case may proceed to trial. The indictment, signed by the grand jury foreperson and two state prosecutors, sets forth a maximum penalty of five years and a $10,000 fine for the unlawful interception count under the Courts and Judicial Proceedings Article. The common-law misconduct in office charge carries an open-ended penalty described as “anything not cruel and unusual.” Legal analysts note that Maryland law in this area provides judges with broad discretion in sentencing, especially when misconduct in office is concerned.

As of this report, the Anne Arundel County Orphans’ Court continues to operate under normal scheduling, with Judge Knapp’s name still listed on official dockets. Judicial ethics authorities in Maryland usually do not comment on pending disciplinary investigations, and no public statement has been released by the Maryland Commission on Judicial Disabilities regarding Knapp’s status.

This case marks a rare instance of a sitting jurist facing criminal allegations involving breach of trust and privacy at the bench. Observers expect further details to emerge as prosecutors begin discovery and pretrial motions take shape. In the meantime, the Orphans’ Court, which typically garners little statewide spotlight, finds itself under a cloud of controversy about the boundaries of judicial conduct and whether one of its own secretly recorded the very deliberations meant to remain off the record.

Contact our news desk at news@thebaynet.com 

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4 Comments

  1. A judge doing something illegal? Naw, go on, no judge would ignore the law, except for (sorry, too many to list).

  2. Damn,,,,
    Even the suit wery electric people are not to be trusted.
    It’s like living in Moscow!

  3. That’s a serious offense for a judge. Needs to be removed from his current position… immediately.

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