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RULE 19-736. CONSENT TO DISCIPLINE OR TRANSFER TO DISABILITY INACTIVE STATUS

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 700. Discipline, Inactive Status, Resignation
Special Proceedings [Rules 19-731 to 19-739]
Effective: April 1, 2023
MD Rules Attorneys, Rule 19-736
RULE 19-736. CONSENT TO DISCIPLINE OR TRANSFER TO DISABILITY INACTIVE STATUS
Currentness
(a) General Requirement. An attorney may consent to discipline or transfer to disability inactive status in accordance with this Rule.
(b) Consent to Discipline for Misconduct.
(1) Joint Petition. An attorney may consent to disbarment or other discipline by joining with Bar Counsel in a petition for an order disbarring the attorney, suspending the attorney from the practice of law, or reprimanding the attorney. The petition shall be signed by the attorney and Bar Counsel and filed in the Supreme Court. If a suspension is requested, the petition shall state whether the suspension should be indefinite or for a stated period and shall set forth any conditions that the parties agree should be imposed. If a reprimand is requested, the petition shall state the proposed text of the reprimand and any conditions.
(2) Affidavit Required. A joint petition filed under subsection (b)(1) of this Rule shall be accompanied by an affidavit by the attorney that certifies that the attorney:
(A) acknowledges that an investigation or proceeding is currently pending involving allegations of professional misconduct, the nature of which shall be specifically set forth;
(B) acknowledges that if a hearing were to be held, sufficient evidence could be produced to sustain the allegations of misconduct;
(C) consents to the disbarment or other discipline stated in the petition;
(D) gives the consent freely and voluntarily without coercion or duress;
(E) understands the effects of the disbarment or other discipline to which the attorney is consenting; and
(F) agrees to comply with Rule 19-741 and any conditions stated in the petition that the Supreme Court may impose.
(3) Order of the Supreme Court. Upon the filing of the joint petition and the affidavit, the Supreme Court may enter an order, signed by the Chief Justice or a justice designated by the Chief Justice, disbarring the attorney by consent from the practice of law in the State, suspending the attorney by consent from the practice of law, or reprimanding the attorney by consent and imposing any conditions stated in the petition. The provisions of Rule 19-741 apply to an order entered under subsection (b)(3) of this Rule.
(c) Consent to Transfer to Disability Inactive Status.
(1) Joint Petition. If competent to do so, an attorney may consent to transfer to disability inactive status by joining with Bar Counsel in a petition for an order transferring the attorney to disability inactive status. The petition shall be signed by the attorney and Bar Counsel and filed in the Supreme Court. The petition shall state whether the disability inactive status should be indefinite or until the occurrence of one or more specified events and shall set forth any conditions that the parties agree should be imposed.
(2) Affidavit Required. A joint petition filed under subsection (c)(1) of this Rule shall be accompanied by an affidavit by the attorney that certifies that the attorney:
(A) understands and is competent to make the other certifications in subsection (c)(2) of this Rule;
(B) consents to the transfer to disability inactive status;
(C) gives the consent freely and voluntarily without coercion or duress;
(D) is currently incapacitated and unable to render adequate legal service;
(E) acknowledges that if a hearing were to be held, Bar Counsel would have the burden of proving by clear and convincing evidence that the attorney is so incapacitated as to require the attorney to be transferred to disability inactive status;
(F) understands that being transferred to disability status, if ordered by the Supreme Court, terminates the attorney's privilege to practice law in this State until otherwise ordered by the Court;
(G) agrees to comply with Rule 19-743 and any conditions stated in the petition that the Supreme Court may impose;
(H) understands that the attorney may not be reinstated to practice law unless the attorney is able to prove by a preponderance of the evidence that the attorney has regained the ability to render adequate legal services, that inactive status should be terminated, and that the attorney should be reinstated to active practice;
(I) has disclosed to Bar Counsel, to Bar Counsel's satisfaction, the name of every physician, other health care provider, and health care facility by whom or at which the attorney has been examined, evaluated, or treated; and
(J) has furnished Bar Counsel with written consent to the release of such health care information and records as Bar Counsel has requested and waived any privilege as to such information and records.
(3) Order of the Supreme Court. Upon the filing of the joint petition and affidavit, the Supreme Court may enter an order, signed by the Chief Justice or a justice designated by the Chief Justice, transferring the attorney to disability inactive status by consent pending further order of the Court and imposing any conditions stated in the petition. The provisions of Rule 19-743 apply to an order entered under subsection (c)(3) of this Rule.
(4) Effect on Disciplinary or Remedial Proceeding. If a disciplinary or remedial proceeding for alleged misconduct is pending against the attorney, the entry of an order under this section shall stay the proceeding subject to further order of the Court.
(d) Duty of Clerk. When an attorney has been disbarred, suspended, or transferred to disability inactive status under this Rule, the Clerk of the Supreme Court shall comply with Rule 19-761.
(e) Effect of Denial. If the Supreme Court denies a joint petition for discipline or disability inactive status, the investigation or disciplinary or remedial proceeding shall resume as if no consent had been given. Neither the joint petition nor the affidavit may be admitted in evidence.
Source: This Rule is derived from former Rule 16-772 (2016). Subsection (c)(4) is new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended July 9, 2021, eff. Oct. 1, 2021; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD R Attorneys, Rule 19-736, MD R ATTORNEYS Rule 19-736
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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