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RULE 18-402. DEFINITIONS

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

West's Annotated Code of Maryland
Maryland Rules
Title 18. Judges and Judicial Appointees
Chapter 400. Judicial Disabilities and Discipline
Division 1. General Provisions [Rules 18-401 to 18-409.1]
Effective: April 1, 2023
MD Rules Judges, Rule 18-402
RULE 18-402. DEFINITIONS
The following definitions apply in this Chapter except as otherwise expressly provided or as necessary implication requires:
(a) Address of Record. “Address of record” means (1) if a judge is an attorney, the address that the judge has designated as the judge's preferred address in the Attorney Information System (AIS), and (2) if the judge is not an attorney, the judge's current home address or another address designated in writing by the judge.
Committee note: All justices of the Supreme Court, judges of the Appellate Court, judges of the circuit courts, and judges of the District Court are attorneys. Some judges of the Orphans' Courts are not attorneys.
Cross reference: For the obligation of a judge who is an attorney to register with AIS and keep the registration information current, see Rule 19-802. See Rule 18-407 (a)(1) concerning confidentiality of a judge's home address.
(b) Board. “Board” means the Judicial Inquiry Board appointed pursuant to Rule 18-412.
(c) Censure. “Censure” means a formal public sanction by the Supreme Court based on a finding that the judge committed sanctionable conduct that justifies more than a reprimand but was not so egregious as to justify suspension or removal.
(d) Charges. “Charges” means the charges filed with the Commission by Investigative Counsel pursuant to Rule 18-431.
(e) Commission. “Commission” means the Commission on Judicial Disabilities created by Art. IV, § 4A of the Maryland Constitution.
(f) Commission Record. “Commission record” means all documents pertaining to the judge who is the subject of charges that are filed with the Commission or made available to any member of the Commission and the record of all proceedings conducted by the Commission with respect to that judge.
(g) Complainant. “Complainant” means a person who has filed a complaint, and in Rule 18-421 (a), “complainant” also includes a person who has filed a written allegation of misconduct by, or disability or impairment of, a judge that is not under oath or supported by an affidavit.
(h) Complaint. “Complaint” means a written communication under oath or supported by an affidavit alleging that a judge has a disability or impairment or has committed sanctionable conduct.
Committee note: The complainant may comply with the affidavit requirement of this section by signing a statement in the following form: “I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief.” It is not required that the complainant appear before a notary public.
(i) Disability. “Disability” means a mental or physical disability that seriously interferes with the performance of a judge's duties and is, or is likely to become, permanent.
Cross reference: See Md. Const., Art. IV, § 4B.
(j) Impairment; Impaired. “Impairment” or “impaired” means a mental or physical condition, including an addiction, that has seriously interfered with the performance of a judge's duties but may be remediable and, if remedied, is not likely to become permanent.
(k) Judge. “Judge” means (1) a justice of the Supreme Court, a judge of the Appellate Court, a judge of a circuit court, a judge of the District Court, and a judge of an orphans' court, and (2) includes a senior judge.
Cross reference: See Md. Const., Art. IV, § 3A and Code, Courts Article, § 1-302.
(l) Reprimand. “Reprimand” means an informal private sanction imposed by the Commission pursuant to Rule 18-427 for sanctionable conduct that does not justify either dismissal of a complaint or censure, suspension or removal.
(m) Sanctionable Conduct.
(1) “Sanctionable conduct” means misconduct while in office, the persistent failure by a judge to perform the duties of the judge's office, or conduct prejudicial to the proper administration of justice. A judge's violation of any of the provisions of the Maryland Code of Judicial Conduct promulgated by Title 18, Chapter 100 may constitute sanctionable conduct.
(2) Unless the conduct is occasioned by fraud or corrupt motive or raises a substantial question as to the judge's fitness for office, “sanctionable conduct” does not include:
(A) making an erroneous finding of fact, reaching an incorrect legal conclusion, or misapplying the law; or
(B) failure to decide a matter in a timely fashion unless such failure is habitual.
Committee note: Sanctionable conduct does not include a judge's simply making legally erroneous decisions in particular cases.
Cross reference: Md. Const., Art. IV, § 4B (b)(1). For powers of the Commission in regard to any investigation or proceeding under § 4B of Article IV of the Constitution, see Code, Courts Article, §§ 13-401 through 13-403.
Source: This Rule is derived from former Rule 18-401 (2018).

Credits

[Adopted May 15, 2019, eff. July 1, 2019. Amended March 30, 2021, eff. July 1, 2021; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Judges, Rule 18-402, MD R JUDGES Rule 18-402
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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