(a) Applicability. This Rule applies to the recording of proceedings before a District Court commissioner on an audio recording device provided by the District Court.

Cross reference: For the recording of proceedings before a judge in the District Court, see Rule 16-502.

(b) Definition. In this Rule, “mute” means to cause an audio recording to be inaudible or unintelligible.

(c) Proceedings to be Recorded. Except as otherwise provided in section (d) of this Rule, all proceedings under Rules 4-213, 4-213.1, and 4-216 and any other proceeding at which an advice of rights is given to a person charged with a crime shall be recorded verbatim in their entirety.

(d) Recordings of Portions of Proceedings to be Muted. The following portions of a recording of a proceeding shall be muted:

(f) Right to Obtain Copy of Audio Recording. Subject to section (d) of this Rule, the authorized custodian of an official audio recording shall make a copy of the audio recording available to any person upon written request and, unless waived by the court, upon payment of the reasonable costs of making the copy.

(g) Effect of System Malfunction or Unavailability of Recording. Except as otherwise provided in Rule 4-215, a malfunction of the audio recording system or the unavailability of an intelligible recording does not affect the validity of the determinations and actions of the commissioner at a proceeding otherwise required to be recorded pursuant to section (c) of this Rule.

Committee note: The requirement of making an audio recording under this Rule is in addition to, and not in substitution for, the requirement of a written record in Rule 4-216 (h).

In order to permit a judge, acting under Rule 4-215, to rely on advice regarding the right to an attorney given to a defendant by a commissioner, the audio recording of that proceeding, if needed, must be accessible by the judge without undue delay.

This Rule is not intended to affect Code, Courts Article, § 10-922, declaring statements made during the course of a defendant's appearance before a commissioner pursuant to Rule 4-213 inadmissible against the defendant in a criminal or juvenile proceeding.

Source: This Rule is new.